City of Dickinson, Texas City Council Meeting Attendance List

April 12, 2016 City Council Regular Meeting 7:00 p.m.

City Council Meeting

CALL TO ORDER

Invocation

Given by:______

Pledge of Allegiance

Given by:______

Roll Call CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST

MEETING DATE April 12, 2016 Regular Meeting

MAYOR/COUNCIL PRESENT ABSENT

MAYOR JULIE MASTERS ______

POS. 1: COUNCILMEMBER CHARLES SUDERMAN ______

POS. 2: COUNCILMEMBER BRUCE HENDERSON ______

POS. 3: COUNCILMEMBER WALTER WILSON ______

POS. 4: COUNCILMEMBER WALLY DEATS ______

POS. 5: COUNCILMEMBER LOUIS DECKER ______

POS. 6: COUNCILMEMBER WILLIAM KING ______ALSO IN ATTENDANCE: CITY ATTORNEY David W. Olson ______CITY ADMINISTRATOR Julie M. Robinson ______Administrative Services Manager Stephanie Russell ______Director of Community Dev. Zach Meadows ______Public Works Director Kellis George ______Library Director Vicki McAllister ______Fire Marshal Lee Darrow ______Management Assistant Alun Thomas ______Police Chief Ron Morales ______EMS Director Derek Hunt ______PROCLAMATIONS AND ANNOUNCEMENTS

NOTES:______PUBLIC COMMENTS

NOTES:______

Julie Masters, Mayor MINUTES Wally Deats, Mayor Pro Tem Charles Suderman City of Dickinson Louis Decker Bruce Henderson CITY COUNCIL William H. King III Walter Wilson Julie M. Robinson, City REGULAR MEETING Administrator

March 22, 2016

NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, March 22, 2016, at 7:00 p.m. at: 4403 Highway 3, Dickinson, Texas 77539 for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code.

ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance.

Mayor Masters called the meeting to order at 7:04 p.m. Pastor Sowell from Mount Olive Baptist Church gave the invocation, and Council Members led the Pledge of Allegiance. Interim City Secretary Alun Thomas called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro-Tem Wally Deats, and Council Members Charles Suderman, Louis Decker, Walter Wilson, Bruce Henderson, and William H. King, III. Also present were City Administrator Julie Robinson, Administrative Services Manager Stephanie Russell, Director of Community Development Zach Meadows, and Director of Public Works Kellis George.

ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS:  Welcome to everyone present.  The Optimist Club will hold an Easter egg hunt at the Dickinson ISD Administration Building on Saturday, March 26, 2016, for children ages 2-13.  Some Council Members and City Staff attended a presentation at Dickinson ISD this morning about the District’s growth. Also discussed was the introduction of a pilot STEM program, which includes 100 5th grade students at Barber Middle School and is one of 130 in the nation, and 22 in Texas to receive Honor Roll status.  Texas Municipal League’s spring meeting will be held in Sugar Land.  The Dickinson Citizens Police Academy Alumni Association will host its annual banquet at the Knights of Columbus hall on April 2, 2016 at 6:30 p.m. Those wishing to attend should RSVP to Officer Tony Valdez. Anyone interested in attending the DCPAAA courses are encouraged to enroll.  Thank you to everyone for their support of Officer “EJ” Juarez.

______March 22, 2016 Regular Council Meeting Minutes Page 1 of 14  Council Member Decker attended the first joint meeting of the Galveston County and Harris County Mayors and Councils last Thursday in Webster, and storm surge was discussed.  Council Member Decker attended the Dickinson Bayou Watershed Partnership on Monday, and the discussion centered on the “Ike Dike” and Clean Harbor’s TCEQ permit application. Everyone is encouraged to attend the flood control meetings. The next one is on Thursday, March 31 from 6-8 p.m. at Galveston County Commissioners Court in Galveston.  Red, White & Bayou Crawfish and Texas Music Festival is scheduled for Saturday, May 21, 2016. We are looking forward to a good turnout.  Trash Bash is Saturday, April 2, 2016, at the boat ramp on Highway 3. Registration begins at 8:30am. All volunteers are welcomed.  Starting at 9 p.m. tonight, and through mid-April, all northbound traffic on IH 45 will be routed to feeders every night.  Hope that everyone had a good Spring Break.  The City of Dickinson is partnering with the City of League City to host a County-wide Household Hazardous Waste event. The date is still to be set.  Council Member Suderman attended Ms. Marie Gay’s funeral, who was a valued member of the Dickinson community.  The Dickinson Little League Parade is scheduled for Saturday, April 2, at 9 a.m. The parade will take place on Highway 3.  The Knights of Columbus have served over 2,600 people at their fish frys. There will not be one this week because ofGood Friday, but the monthly fish frys will resume on April 1, from 5:00-7:30 p.m.  Thank you to Public Works Director Kellis George for assisting Council Member King last week.

ITEM 3.) PUBLIC COMMENTS: At this time, any person with city-related business may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker.

Nick and Denish Patel – 3710 Gulf Freeway, Dickinson – Would like Council to carefully consider the types of hotels that are allowed in Dickinson to protect the quality of life in the city.

Vince Hoechter – 1009 Pin Oak Dr., Dickinson, Texas – The pavement on Pin Oak Drive has deteriorated, and the deep drainage ditch by his home presents a potential hazard.

Melvin Ware – 1010 Pin Oak Dr., Dickinson, Texas – Would like Oak Drive and Gill Road to be repaired.

______March 22, 2016 Regular Council Meeting Minutes Page 2 of 14 Jenny Oakley – 1030 Shady Oak Ln., Dickinson, Texas – Submitted a petition in 2012 for the repair of Gill Road and was told that it would be repaired in 2014-2015, but it has still to be properly repaired. Also, the house at 1025 Shady Oak Lane has been vacant since 2008 and has fallen into disrepair and become a health hazard.

Kimberley N. Yancy – Director of Ministries, New Vision Baptist Church, 2311 24th St., Dickinson, Texas – Pin Oak Drive, Rodeo Bend, and Gill Road need to be repaired. New Vision Baptist Church has severe drainage issues that have not been corrected since Ms. Yancy started asking for repairs in 2013. In 2014, Ms. Yancy had asked for a streetlight on 24th Street at Highway 3, but one has not been installed. 24th Street should be widened and patched to accommodate its traffic volume.

ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda.

A. Approval of the Minutes of the Workshop Council Meeting of March 8, 2016

B. Approval of the Minutes of the Regular Council Meeting of March 8, 2016

C. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN ACCESS AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND CONNECT TRANSIT FOR THE PURPOSE OF SECURING ACCESS FOR CONNECT TRANSIT VEHICLES AND INSTALLATION OF BUS STOP SIGNS ON CITY PROPERTY; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

D. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR COLLECTION SERVICES BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

______March 22, 2016 Regular Council Meeting Minutes Page 3 of 14

E. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF A GRANT APPLICATION FOR THE PURCHASE OF BODY WORN CAMERAS FOR THE POLICE DEPARTMENT TO THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AUTHORIZING THE MAYOR TO ACT AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE GRANT PROGRAM; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE.

F. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AND ADOPTING AN AMENDED INVESTMENT POLICY FOR THE CITY OF DICKINSON AND A LIST OF QUALIFIED BROKERS THAT ARE AUTHORIZED TO ENGAGE IN INVESTMENT TRANSACTIONS WITH THE CITY; PROVIDING FOR INCORPORATION OF PREAMBLE AND AN EFFECTIVE DATE.

G. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND DATA TRANSFER SOLUTIONS, LLC AS CONSULTANT FOR PAVEMENT ASSESSMENT SERVICES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

H. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND ARANDA BROTHERS CONSTRUCTION CO. AS CONTRACTOR FOR CITY OF DICKINSON STREET REHABILITATION 2016 FOR 35TH STREET (KANSAS AVE. TO CALIFORNIA AVE.), NEBRASKA STREET (46TH STREET TO WWTP), AND JOHNSON STREET (DEAD END NORTH OF LOBENSTEIN LN TO DEAD END SOUTH OF LOBENSTEIN LN); PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

I. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING

______March 22, 2016 Regular Council Meeting Minutes Page 4 of 14 CHANGE ORDER NUMBER 1 TO THE AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND ARANDA BROTHERS CONSTRUCTION CO. AS CONTRACTOR FOR CITY OF DICKINSON STREET REHABILITATION 2016 FOR 35TH STREET (KANSAS AVE. TO CALIFORNIA AVE.), NEBRASKA STREET (46TH STREET TO WWTP), AND JOHNSON STREET (DEAD END NORTH OF LOBENSTEIN LN TO DEAD END SOUTH OF LOBENSTEIN LN); PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.

J. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND MAR-CON SERVICES, LLC. AS CONTRACTOR FOR CITY OF DICKINSON STREET REHABILITATION 2016 FOR GILL ROAD (RODEO BEND DRIVE TO BESS ROAD), HOLLYWOOD STREET (TIMBER DRIVE TO S.H. 3), MARINER WAY (COMMODORE DRIVE TO BAYOU DRIVE), AND PINE OAK CIRCLE (PINE OAK DRIVE TO DEAD END OF PINE OAK CIRCLE); PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

K. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING CHANGE ORDER NUMBER 1 TO THE AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND MAR-CON SERVICES, LLC. AS CONTRACTOR FOR CITY OF DICKINSON STREET REHABILITATION 2016 FOR GILL ROAD (RODEO BEND DRIVE TO BESS ROAD), HOLLYWOOD STREET (TIMBER DRIVE TO S.H. 3), MARINER WAY (COMMODORE DRIVE TO BAYOU DRIVE), AND PINE OAK CIRCLE (PINE OAK DRIVE TO DEAD END OF PINE OAK CIRCLE); PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH CHANGE ORDER; AND PROVIDING AN EFFECTIVE DATE.

L. Resolution Number XXX-2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND RAC INDUSTRIES, LLC. AS CONTRACTOR FOR BAYOU CHANTILLY OUTFALL REPAIR; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL

______March 22, 2016 Regular Council Meeting Minutes Page 5 of 14 DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

Council Member Deats requested that Item 4C be pulled down for discussion. Council Member King made a motion to approve Items 4A, 4B, and items 4D through 4L. Council Member Henderson seconded the motion.

VOTE: 6 AYES (Suderman, Wilson, Henderson, Deats, Decker and King) 0 NAYS MOTION PASSED

Council Member Deats said that he is not opposed to having a bus stop on City property, but he would prefer that the stop be north of the library, not in the esplanade in front of the library as proposed by this resolution.

Council Member Wilson made a motion to approve the resolution as written, and Council Member Suderman seconded the motion.

VOTE: 3 AYES (Suderman, Wilson, King and Masters) 3 NAYS (Henderson, Deats and Decker) There being an equal number of “aye” and “nay” votes, Mayor Masters cast a tiebreaking “aye” vote in support of the resolution. MOTION PASSED

OLD BUSINESS

ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Activities of Houston-Galveston Area Council.

Council Member King provided an update of the activities of the Houston- Galveston Area Council meeting of March 15, 2016.

______March 22, 2016 Regular Council Meeting Minutes Page 6 of 14

ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update of Public Works Projects

A. Fiscal Year 2014-2015 Street Maintenance Sales Tax Projects [48th Street (East of Highway 3), Leonetti Lane]

B. Eastside Drainage Project [Disaster Recovery CDBG Round 2.2: Briar Glen Subdivision Drainage]

Public Works Director Kellis George presented Council with an update on the status of the current Public Works projects and addressed the questions of Council.

ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number XXX-2016 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING AND APPROVING THE DICKINSON ECONOMIC DEVELOPMENT CORPORATION’S PROJECT TO EXPEND FUNDS FOR THE DEVELOPMENT OF A RETAIL TRADE CENTER; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Second of Two Readings)

Mayor Masters read the resolution by caption only. Council Member Suderman made a motion to approve the resolution in two readings, and Council Member Decker seconded the motion. There being no discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Wilson, Henderson, Deats, Decker and King) 0 NAYS MOTION PASSED

NEW BUSINESS

ITEM 8.) CONDUCT A PUBLIC HEARING CONCERNING: Proposed Chapter 6, Transportation, Of The New Comprehensive Plan Of The City of Dickinson.

Mayor Masters opened the Public Hearing at 7:46 p.m.

A. Overview of Proposed 6, Transportation

Director of Community Development Zach Meadows provided Council with an overview of the changes that had been made to the chapter at the direction of Council.

______March 22, 2016 Regular Council Meeting Minutes Page 7 of 14 B. Those In Favor

None.

C. Those Opposed

None.

D. Rebuttal

None.

E. Adjourn Public Hearing

Mayor Masters adjourned the Public Hearing at 7:47 p.m.

ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2016 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, ADOPTING CHAPTER 6, TRANSPORTATION, OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (First of Three Readings)

Mayor Masters read the ordinance by caption only. Council Member Wilson made a motion to approve the ordinance on first reading, and Council Member King seconded the motion. There being no discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Wilson, Henderson, Deats, Decker and King) 0 NAYS MOTION PASSED

ITEM 10.) CONDUCT A PUBLIC HEARING CONCERNING: Zoning Case ZMC-16- 0205, A Request To Amend The Official Zoning Map Of The City Of Dickinson On Approximately +/- 0.551 Acres, Legally Described As Abstract 78 R Hall Survey Lots 1 Through 8 & Adjacent Alley, Block 209, Nicholstone 112-LC, Generally Located North of 28th Street and East Of FM 1266, With The Address Being 2709 Dickinson Avenue, In The City Of Dickinson, Galveston County, Texas, From Conventional Residential (CR) To General Commercial (GC).

Mayor Masters opened the Public Hearing at 7:48 p.m.

A. Staff Presentation of Zoning Case

______March 22, 2016 Regular Council Meeting Minutes Page 8 of 14 Director of Community Development Zach Meadows presented the zoning case to the Council and advised that it is for Texas Beer Refinery’s tap room. Texas Beer Refinery’s opening of the tap room happened in conjunction with the City’s annexation of the property. If approved, the property would be rezoned from the default zoning of Conventional Residential to General Commercial to allow the continuation of the company’s operations.

B. Applicant’s Statement

None.

C. Those In Favor

None.

D. Those Opposed

None.

E. Applicant’s Rebuttal

None.

F. Adjourn Public Hearing

Mayor Masters adjourned the Public Hearing at 7:50 p.m.

ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2016 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 0.551 ACRES, LEGALLY DESCRIBED AS ABSTRACT 78 R HALL SURVEY LOTS 1 THROUGH 8 & ADJACENT ALLEY, BLOCK 209 NICHOLSTONE 112-LC, GENERALLY LOCATED NORTH OF 28TH STREET AND EAST OF FM 1266 WITH THE ADDRESS BEING 2709 DICKINSON AVENUE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL COMMERCIAL (GC); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)

______March 22, 2016 Regular Council Meeting Minutes Page 9 of 14 Mayor Masters read the ordinance by caption only, and Director of Community Development Zach Meadows addressed the questions of Council.

Council Member Henderson made a motion to approve the ordinance, and Council Member Suderman seconded the motion.

VOTE: 6 AYES (Suderman, Wilson, Henderson, Deats, Decker and King) 0 NAYS MOTION PASSED

ITEM 12.) CONDUCT A PUBLIC HEARING CONCERNING: Zoning Case ZMC-16- 0163, A Request To Amend The Official Zoning Map Of The City Of Dickinson On Approximately +/- 0.7855 Acres, Legally Described As Abstract 19 Perry & Austin Survey Part of Lot 24, Nichol’s Addition Dickinson, Generally Located On The Corner of Deats Road and FM 1266, With The Address Being 4010 Deats Road, In The City Of Dickinson, Galveston County, Texas, From Conventional Residential (CR) To General Commercial (GC).

Mayor Masters opened the Public Hearing at 7:57 p.m.

A. Staff Presentation of Zoning Case

Director of Community Development Zach Meadows presented the zoning case to the Council and advised that the affected property was recently annexed by the City and consequently receiveddefault zoning of Conventional Residential. The property owner would like to sell the property and has requested to rezone the property to General Commercial.

B. Applicant’s Statement

Mr. Glenn Finley, the property owner, advised the Council the he would like to sell the property and believes that rezoning the property to General Commercial will make the property more marketable.

C. Those In Favor

None.

D. Those Opposed

None.

E. Applicant’s Rebuttal

______March 22, 2016 Regular Council Meeting Minutes Page 10 of 14

None.

F. Adjourn Public Hearing

Mayor Masters adjourned the Public Hearing at 7:59 p.m.

ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2016 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 0.7855 ACRES, LEGALLY DESCRIBED AS ABSTRACT 19 PERRY & AUSTIN SURVEY PART OF LOT 24, NICHOLS ADDITION DICKINSON, GENERALLY LOCATED ON THE CORNER OF DEATS AND FM 1266 WITH THE ADDRESS BEING 4010 DEATS ROAD, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL COMMERCIAL (GC); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)

Mayor Masters read the ordinance by caption only. Council directed the property owner to remove the fireworks stand that is currently on the property before the rezoning takes effect. There being no further discussion, Mayor Masters called for the vote.

Council Member Deats made a motion to approve the ordinance, and Council Member King seconded the motion.

VOTE: 6 AYES (Suderman, Wilson, Henderson, Deats, Decker and King) 0 NAYS MOTION PASSED

ITEM 14.) CONDUCT A PUBLIC HEARING CONCERNING: Amending Section 18- 11 Definitions Of Terms And Phrases, Of Article II, Definitions, Of Chapter 18 Zoning, Of The Code Of Ordinances Of The City Of Dickinson, Texas, To Add A Definition For “Vacation Rental” and Revising Section 18-61, Development And Performance Standards, Of Article V, Specific Uses, Of Chapter 18, Zoning, Of The Code Of Ordinances, To Establish Minimum Regulations For Bed And Breakfast And Vacation Rental Lodging Facilities.

Mayor Masters opened the Public Hearing at 8:02 p.m.

______March 22, 2016 Regular Council Meeting Minutes Page 11 of 14 A. Staff Presentation of Proposed Definition and Regulations

Director of Community Development Zach Meadows presented the proposed regulations to the Council. If approved, the regulations would establish a mechanism for property owners that desire to operate a Bed and Breakfast or Vacation Rental Lodging Facility to then request a Specific Use Permit for such a use. The City’s zoning regulations do not currently provide any definitions or regulations for these types of uses.

B. Those In Favor

Jeff Nuss, a resident of Water Street, supported approval of the regulations. Mr. Nuss owns a building at the rear of his property on Water Street that he is considering operating as a Vacation Rental property and supports the City establishing standards and regulations for such uses.

C. Those Opposed

None.

D. Adjourn Public Hearing

Mayor Masters adjourned the Public Hearing at 8:05 p.m.

ITEM 15.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2016 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SECTION 18-11, DEFINITIONS OF TERMS AND PHRASES, OF ARTICLE II, DEFINITIONS, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS, TO ADD A DEFINITION FOR “VACATION RENTAL”; REPEALING SECTION 18-61, DEVELOPMENT AND PREFORMANCE STANDARDS, OF ARTICLE V, SPECIFIC USES, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES; ADOPTING A NEW SECTION 18-61, DEVELOPMENT AND PREFORMANCE STANDARDS, TO ESTABLISH MINIMUM REGULATIONS FOR BED AND BREAKFAST AND VACATION RENTAL LODGING; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First Of Three Readings)

Mayor Masters read the ordinance by caption only, and Director of Community Development Zach Meadows addressed the questions of Council.

______March 22, 2016 Regular Council Meeting Minutes Page 12 of 14 Council Member Suderman made a motion to approve the ordinance on first reading, and Council Member Deats seconded the motion.

VOTE: 5 AYES (Suderman, Henderson, Deats, Decker and King) 1 NAY (Wilson) MOTION PASSED

Mayor Masters recessed the regular meeting at 8:20 p.m.

ITEM 16.) EXECUTIVE SESSION: The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon’s Texas Codes annotated, in accordance with the authority contained in:

A. Section 551.071 – Consultation with Attorney regarding pending or contemplated litigation or a matter in which the duty of the City Attorney requires to be discussed in closed meeting.

The City Attorney was not present for the meeting, so this item was not discussed.

B. Section 551.072 – Deliberation Regarding Real Property – Discussion Regarding the Purchase, Exchange, Lease or Value of Real Property.

C. Section 551.074 – Personnel Matter – Discussion to Deliberate the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline or Dismissal of the City Administrator.

D. Section 551.087- Discuss or deliberate regarding commercial or financial information that the City of Dickinson has received from a business prospect that the City of Dickinson seeks to have locate, stay or expand in or near the City and which the City of Dickinson is conducting economic development negotiations.

The City Attorney was not present for the meeting, so this item was not discussed.

ITEM 17.) RECONVENE

Mayor Masters reconvened the regular meeting at 9:56 p.m.

ITEM 18.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters Discussed in Executive Session

None.

______March 22, 2016 Regular Council Meeting Minutes Page 13 of 14

ITEM 19.) ADJOURN

Council Member Wilson made a motion to adjourn the meeting at 9:56 p.m., and Council Member Deats seconded the motion.

VOTE: 6 AYES (Suderman, Wilson, Henderson, Deats, Decker and King) 0 NAYS MOTION PASSED

PASSED, APPROVED AND ADOPTED this the 12th day of April, 2016.

______Julie Masters, Mayor

ATTEST:

______Alun W. Thomas, Interim City Secretary

______March 22, 2016 Regular Council Meeting Minutes Page 14 of 14 Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Resolution Number XXX-2016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A NON-REAL ESTATE DONATION AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND TROY HADAWAY FOR THE DONATION OF MEDICAL SUPPLIES, MEDICATIONS AND 6 AUTOMATIC EXTERNAL DEFIBRILLATORS VALUED AT $13,200.00; AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND: Troy Hadaway requests to donate medical supplies, medications and 6 Automatic External Defibrillators valued at $13,200.00 to the City of Dickinson. In accordance with the City’s Donation Policy, the Donation Agreement is presented with a Resolution for Council approval.

RECOMMENDATION: Staff recommends approval of the Resolution.

ATTACHMENTS:  Resolution Number XXX-2016

FUNDING ISSUES Not applicable Not budgeted – Approval of the Resolution will result in additional assets Full Amount already budgeted.

Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Alun Thomas, Management Assistant

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 RESOLUTION NUMBER XXX-2016

WHEREAS, the City Council of the City of Dickinson, Texas, has been presented a proposed Non-Real Estate Donation Agreement by and between the City of Dickinson, Texas and Troy Hadaway for the donation of medical supplies, medications and 6 Automatic External Defibrillators valued at $13,200.00 to the City of Dickinson (hereinafter called “Agreement”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference; and

WHEREAS, upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Administrator should be authorized to execute the Agreement on behalf of the City of Dickinson and any and all documents necessary to effectuate such Agreement on behalf of the City of Dickinson.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes.

Section 2. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Dickinson and found to be acceptable and in the best interests of the City of Dickinson and its citizens, are hereby in all things approved.

Section 3. The City Administrator is hereby authorized to execute the Agreement and empowered, for and on behalf of the City, to take all such actions and to execute, verify, acknowledge, certify to, file and deliver all such instruments and documents as shall in the judgment of the City Administrator be appropriate in order to effect the purposes of the foregoing resolution.

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 1 of 2 Section 4. This Resolution shall become effective immediately upon its passage.

DULY PASSED AND APPROVED on this the 12th day of April, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun W. Thomas, Interim City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David W. Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 2 of 2 EXHIBIT “A”

RESOLUTION XXX-2016

Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Resolution Number XXX-2016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, RATIFYING THE ACTIONS OF THE CITY ADMINISTRATOR IN EXECUTING A LEASE AGREEMENT FOR 3811 DICKINSON AVENUE, DICKINSON, TEXAS 77539, FOR THE BAYOU ANIMAL SERVICES’ ANIMAL CONTROL AND SHELTERING SERVICES FACILITY WITH PATRICK C. RESTIVO FOR THE PERIOD OF MARCH 1, 2016, THROUGH SEPTEMBER 30, 2016; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND: In order to facilitate Bayou Animal Services’ continued operations at its current location, City Administrator Julie Robinson negotiated and executed a 7-month Lease Agreement with Patrick C. Restivo for the current facility at 3811 Dickinson Avenue. The terms of the Agreement are essentially the same terms that the City has been operating within since taking over the service. Under the Agreement, the City of Dickinson will continue to pay Mr. Restivo a net monthly rent equal to a gross monthly rent of $3,500 less any approved structural improvements made to the property by the City, with the net monthly rent being at least $2,000. All other terms and conditions coincide with current operations.

This Resolution will ratify the City Administrator’s actions in executing the 7-month Lease Agreement with Patrick C. Restivo. Beginning in May, the Cities of Dickinson, Santa Fe and Clear Lake Shores will be negotiations with Mr. Restivo for a long-term lease or lease-purchase agreement for the property.

RECOMMENDATION: Staff recommends approval of the Resolution.

ATTACHMENTS:  Resolution Number XXX-2016

FUNDING ISSUES Not applicable. Not budgeted. Full Amount already budgeted.

Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Alun Thomas, Management Assistant

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 RESOLUTION NUMBER XXX-2016

WHEREAS, on March 22, 2016, the City Administrator determined that it was necessary and in the best interests of the City of Dickinson and its citizens to execute a Lease Agreement for 3811 Dickinson Avenue, Dickinson, Texas 77539 for the Bayou Animal Services’ animal control and sheltering services facility with Patrick C. Restivo for the period of March 1, 2016 through September 30, 2016 (“Agreement”), a copy of which is attached hereto as Exhibit “A,” in order to allow Bayou Animal Services a facility from which to operate, and the City Administrator executed such Agreement; and

WHEREAS, upon review and consideration of all matters attendant and related thereto, the City Council hereby finds and determines that: (1) it is in the best interests of the City of Dickinson and its citizens to execute the Agreement; and (2) that the actions of the City Administrator in executing the Agreement should be ratified in all respects.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes.

Section 2. The actions of the City Administrator taken for and on behalf of the City in executing the Agreement as were in the judgment of the City Administrator appropriate in order to secure a facility from which to operate Bayou Animal Services for the City for the period of March 1, 2016 through September 30, 2016, are ratified in all respects.

Section 3. This Resolution shall become effective immediately upon its passage.

DULY PASSED AND APPROVED on this the _____ day of April, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST: APPROVED AS TO FORM AND CONTENT:

______Alun W. Thomas, Interim City Secretary David W. Olson, City Attorney City of Dickinson, Texas City of Dickinson, Texas ______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page Solo EXHIBIT “A”

RESOLUTION XXX-2016

ITEM 5 NOTES:______Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Ordinance Number XXX-2016

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, ADOPTING CHAPTER 6, TRANSPORTATION, OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE.

BACKGROUND: (This is the second of three readings.)

On Tuesday, March 22, 2016, City Council held a public hearing on the Proposed Chapter 6, Transportation, of the new Comprehensive Plan, and it was approved on first reading. This is the second reading of the ordinance that would formally adopt the Proposed Chapter 6, Transportation, as a chapter of the new Comprehensive Plan.

RECOMMENDATION: Staff recommends approval of the Ordinance.

ATTACHMENTS:  Ordinance Number XXX-2016

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted.

Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 ORDINANCE NUMBER XXX-2016

WHEREAS, the City Council has been presented with a proposed Chapter 6, Transportation, of the new Comprehensive Plan, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference, and finds that it provides a framework for planning and guiding continued maintenance and the development of new thoroughfare options and enhancements within the City; and

WHEREAS, the City Council finds that it is in the public interest, health, safety and general welfare to adopt such Chapter 6, Transportation, of the Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes.

Section 2. Chapter 6, Transportation, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference, is hereby adopted as Chapter 6, Transportation, of the Comprehensive Plan of the City of Dickinson.

Section 3. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 4. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.

Section 6. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 1 the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

Section 7. This Ordinance shall become effective upon final reading and adoption of this Ordinance, in accordance with law.

DULY PASSED AND APPROVED on first reading this the 22nd day of March, 2016.

DULY PASSED AND APPROVED on second reading this _____ day of April, 2016.

DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ___day of ______, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun Thomas, Interim City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David W. Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 2 EXHIBIT “A”

ORDINANCE XXX-2016 Chapter 6 Transportation This chapter of the Comprehensive Plan provides an efficient and structured framework for planning and guiding the rational and orderly development of the City of Dickinson’s thoroughfare system, including Interstate Freeways, Minor Arterials-Major Roads, Major Collector-Frontage Roads, and Local Streets, to accommodate future growth and development. It works in concert with the Future Land Use Plan and includes an overview of existing transportation facilities and services, analyses of travel characteristics and development of the thoroughfare system plan for the City of Dickinson. It encompasses the same geographic area, the City limits and Extraterritorial Jurisdiction (“ETJ”), as other elements of the Comprehensive Plan. In addition to recommendations by the City of Dickinson, this Chapter also incorporates information and recommendations from two planning studies, the Farm to Market Road 517 and State Highway 3 Access Management Plan (“AMP”), and the City of Dickinson Park & Ride and Pedestrian/Transit Access Master Plan (“PTMP”) that were completed for the City of Dickinson and contain a host of goals and recommendations that are summarized in this chapter.

Existing Conditions

Authority for Planning and Regulation of Thoroughfares Under the provisions of Article XI, Section 5, of the Texas Constitution, and Title 7, Chapter 212 of the Texas Local Government Code, the City of Dickinson may require that development plans and subdivision plats must conform “...the general plan of the municipality and its current and future streets...” and, “...the general plan for extension of the municipality and its roads, streets, and public highways within the municipality and its extraterritorial jurisdiction...” Requirements for right-of-way dedication and construction of street improvements apply to all subdivision of land within the City’s incorporated area.

Existing and Programmed Transportation System The development of this chapter for the Comprehensive Plan includes analysis and evaluation of the City of Dickinson’s existing transportation system. A considerable amount of information concerning FM 517 and Highway 3 has been provided through the FM 517 and State Highway 3 Access Management Plan (“AMP”), developed by the Houston-Galveston Area Council on behalf of the City of Dickinson. The AMP will be discussed later in this Chapter.

Overview of Major Roadways The predominant mode of transportation for Dickinson residents is the automobile which is served through a utilitarian roadway network that includes Interstate 45 (“IH 45”), flanked by northbound and southbound feeder roads, several State roadways, and local streets..

State Maintained Roadways  Interstate Highway 45: IH 45 passes through Dickinson for 1.06 miles, and is the major artery from Houston to Galveston. Northbound or southbound motorists on IH 45 can access Dickinson at Exit 19. IH 45 is also a major hurricane evacuation route.  State Highway 3: State Highway 3 (“SH 3”), which is a major north-south thoroughfare between League City to the north and Texas City to the south.  FM 517: This Farm-to-Market road is the only road in the City that runs the length of the city from east to west.  FM 646: This Farm-to-Market road is located on the west side of the City and runs from north to south between League City to the north and Santa Fe to the south. The only portion of this road within the City is south of FM 517.  FM 1266: This Farm-to-Market road is located on the east side of the City, less than a mile from SH 3 and runs north to League City. FM 1266 intersects with FM 517 and motorists must then travel either east or west along FM 517.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Figure 6.1, Major Roadways in Dickinson

Planned Transportation System Changes Major traffic generators are identified and considered in reviewing the transportation system and developing the Future Thoroughfare Plan and other elements of this Chapter. The planned widening and associated ramp flipping of IH 45 through Dickinson, as well as the widening of FM 517 west of FM 646 by Texas Department of Transportation (“TxDOT”) will impact mobility in future years. In 2015, the City was notified that TxDOT anticipates bid letting the IH 45 expansion project for construction in the fall of 2016.

The proposed widening of FM 517 west of FM 646, as well as the FM 517 and State Highway 3 Access Management Plan’s (“AMP”) recommendation of a third lane from IH 45 to FM 646, will improve the traffic needs generated by significant development on the far west end of Dickinson and the portion of League City that abuts the north side of FM 517. With additional new residential developments as well as new commercial development that are expected in this area of Dickinson, including a new elementary and middle school complex on Calder Road by Dickinson Independent School District (DISD), the traffic volumes will continue to grow.

Pedestrian and Public Transit Conditions In the spring of 2010, the City of Dickinson began providing fixed route bus service throughout the City by Connect Transit, the mass transit provider for Galveston and Brazoria Counties. The Gator Run, the City’s fixed route transit service, provides a transportation alternative to a variety of service and retail providers. The Gator Run also connects to other routes offered by Connect Transit to enable riders to move from Dickinson north to NASA Road 1 and south to Galveston at an affordable cost. Figure 6.2 shows the Gator Run Route, as well as how it connects to other regional routes.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Figure 6.2 Regional Connect Transit Fixed Route Map

While the City does not currently have public transit stop infrastructure in place, the City and Connect Transit have developed a multi-year plan for the construction of public transit stop infrastructure, and Dickinson Management District #1 is providing annual local match funding for the installation of the infrastructure. The installation of the infrastructure will provide visitors and residents alike with visible landmarks to determine where to board the bus. In addition to public transit options, private taxi services are available.

For pedestrians, there are limited sidewalks in the City, and sidewalk conditions are diverse. Historically, the construction of sidewalks has been handled by TxDOT, since the majority of sidewalks in Dickinson are along FM 517 and SH 3. The only non-TxDOT major road that has a continuous section of sidewalk is Deats Road. Newer subdivisions are required to include sidewalks for residents. In older residential areas, sidewalks are noncontiguous and in most places nonexistent. The installation of sidewalks throughout the City could present an expensive hurdle since borrow ditches are common throughout the City, and property lines sometimes extend to the street, which in turn presents a lack of right-of-way for the City to construct a sidewalk.

Local and Regional Planning Initiatives The State Highway 3 and FM 517 Access Management Plan (“AMP”) was conducted in 2012 and 2013 with the purpose of developing an implementation plan of transportation improvements along these roadways to reduce crashes and improve mobility1. The City of Dickinson Park & Ride and Pedestrian/Transit Access Master Plan (“PTMP”) was prepared for The City of Dickinson and Gulf Coast Center by The Goodman Corporation in 2013 for the purpose of providing a strategy to improve connectivity to local and regional transit opportunities as well as identifying infrastructure upgrades to promote walkability for pedestrians. The third study is the Regional Hike and Bike Trails Plan produced by H-GAC. Each of these studies provide information that assists the City in decision making concerning its comprehensive transportation strategy, and the plans are explained in further detail below. Copies of these studies are available on the City of Dickinson website in addition to hard copies that can be acquired from the Community Development Department at Dickinson City Hall.

State Highway 3 and FM 517 Access Management Plan (“AMP”) The SH 3 and FM 517 Access Management Plan was developed by the Houston-Galveston Area Council (“H-GAC”) in 2012 and 2013, in partnership with Texas Department of Transportation (“TxDOT”), Galveston County, Connect Transit and the Cities of Dickinson and League City. H- GAC engaged stakeholders, a steering committee and the general public in the process of decision making. The development of the AMP included: a description and catalog of conditions along FM 517 and SH 3, including traffic volume, traffic calming and congestion level, speed limits, accident data and analysis, right-of-way, signalization, transportation-related policies, level of service for segments and intersections, and safety concerns, data collection from those who are affected by alteration of FM 517 and SH 3, analysis of current conditions, and provision of goals and recommendations for future improvements. The AMP was approved by the Dickinson City Council in November of 2013.

The AMP includes various short (0-5 years), medium (5-15 years), and long (15+ years) term recommendations as shown in Table 6.1.

Table 6.1, SH 3 and FM 517 Access Management Plan Recommendations Short Medium Long Traffic signal at Hughes Lane/Medical Park Drive x Intersection lane configuration and turn bay storage x x Upgrade intersection signal equipment x x Construct separate speed differential lanes (IH45 & FM517 and FM517 & SH3 x x Convert continuous turn lanes to raised medians x x x Add continuous sidewalks x x x Right-of-way acquisition x x Addition of lanes x Side street realignment x x Thoroughfare planning to enhance connectivity and spacing x Enhance landmark and aesthetic features x x x Grade separation at intersections x x Reconfiguration of IH 45 ramps x Future development plans x

The City of Dickinson Park & Ride and Pedestrian/ Transit Access Master Plan The City of Dickinson Park & Ride and Pedestrian/Transit Access Master Plan (”PTMP”) was developed by the Gulf Coast Center and The Goodman Corporation in 2013 and is based on guidelines provided by the Federal Transit Administration’s Livable Communities Initiative (LCI)2, a copy of which may be found at http://www.fhwa.dot.gov/livability/

The PTMP is organized into five general sections. The first is a study of the current transit service condition, followed by an analysis of demand for each commuter service. The study includes modeling of four major components: Dickinson Park & Ride, LCI streetscape improvements, bus stop improvements, and gateway treatments. The third step is a site proposal for a future park and ride facility. A benefit/cost analysis was used to estimate the cost of recommended bus stop infrastructure improvements. An outline of a multi-phased strategy to fund and implement the plan was included.

The PTMP provided the following recommendations: ● Location of a future Dickinson Park & Ride on SH 3 at Mowat Drive. This would be implemented in two construction phases: phase one would consist of 201 parking spaces and phase two would consist of an additional 151 parking spaces, to accommodate future expansions. ● Improvement of pedestrian and transit streetscape infrastructure in the four following corridors: o FM 517: Timber Drive to Liggio Street o SH 3: Deats Road to FM 517 o SH 3: North of Deats Road to 21st Street o SH 3: South of FM 517 to Oleander Drive ● Construction of infrastructure for 40 bus stops located in Dickinson that would include Americans with Disability Act compliant ramps, pedestrian lighting, landscaping, bus stop signage and other related amenities depending on the needs of each bus stop.

Dickinson, working in conjunction with The Goodman Corporation on behalf of Connect Transit and the Gulf Coast Center, has developed a 5-year plan for implementing bus stop infrastructure throughout the City, and Dickinson Management District #1 has set a policy of allocating $20,000.00 annually to be used as matching funds for grants that may be utilized by Gulf Coast Center for the bus stop infrastructure improvements.

Regional Hike and Bike Trails Plan Although there are currently very limited facilities dedicated to non-motorized travel modes, there is a growing demand for walking, jogging and bicycling trails. In 2010, the Houston- Galveston Area Council created a Regional Hike and Bike Trails Plan that included the City of Dickinson and a proposed future Bike Lane was identified for SH 3 as reflected in Figure 6.3 below.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Figure 6.3 Regional Hike and Bike Trails Plan (H-GAC, 2010)

Future Thoroughfare Plan Thoroughfare Systems Planning is the process used by cities and other governmental entities to assure development of the most efficient, safe, and appropriate street system to meet existing and future mobility needs of the public. Thoroughfare planning is interrelated with other components of comprehensive planning and urban development such as land use, housing, environment and public utilities.

The plans’ purpose is to identify how streets and roads operate and are intended to operate, to provide guidance to local officials and property owners in the decision making process and to help ensure the construction of a safe, complete and functional roadway network. Through the use of functional classification, the Thoroughfare Plan provides a uniform and consistent design for all new or improved roadway facilities, which helps provide guidance to motorists with respect to utility, speed and land use. While the Thoroughfare Plan does not identify who is responsible for funding and, or building proposed thoroughfare improvements, including new roadways, it shall be considered to be standard operating procedure that developers are responsible for constructing and, or improving that portion of all roadways within or adjacent to their development, regardless of functional classification.

It is important to recognize that the alignments shown for proposed facilities represent desired corridors and are merely illustrative. The approximate alignments and right-of-way requirements for planned thoroughfares shown on the Plan should be considered in platting of subdivisions, right-of-way dedication and construction of major roadways.

A number of elements must be considered in the process of developing a Thoroughfare Plan, including the Future Land Use Plan, travel demands, traffic and pedestrian movement and access requirements, and existing physical constraints to roadway construction. Moreover, special efforts will be required in the thoroughfare planning process to ensure that the integrity of residential neighborhoods are protected from unwanted and undesired vehicular traffic where possible.

Existing Functional Classifications Dickinson does not currently have a functional classification system for its thoroughfares, and the functional classifications of Dickinson established by TxDOT and Houston-Galveston Area Council (“H-GAC”) are inconsistent. Consequently, this Transportation Chapter classifies Dickinson’s roads and streets using a traditional roadway classification approach.

Streets in a community are categorized according to their function. In regard to motorized vehicles, streets have two major characteristics — they serve to provide mobility and to provide a path for motorists to access businesses, homes, schools and other destinations. In a Thoroughfare Plan, roadways are assigned a functional classification, which is a system used to categorize roadways based on a hierarchy that identifies its function as it relates to its posted speed limits, its Annual Average Daily Traffic (“AADT”) and how many lanes it has.

Some streets, such as freeways and arterials, are designed with mobility in mind, and have limited access to decrease congestion and maximize mobility. Other streets, such as local streets, are designed with access in mind. Street classification can help property developers identify what type of traffic they can expect in the near or long term future. A clear and concise street classification system provides order and comprehension of how the roads are planned to function within an area.

Dickinson’s Functional Road Classifications The functional classification of streets provides for the circulation of traffic in a hierarchy of movement from one classification to the next. Functional road classes can be subdivided further into major and minor designations to further detail their role in the community. Dickinson’s Road Classification Plan is graphically represented in Figure 6.4.

 Highway/Freeway: Permits movement for all sizes of vehicles (motor bike, private cars, buses and trucks) with posted speed limits above 50 MPH. It has limited access to other streets and guides traffic toward cities or towns through bridges or tunnels. This class does not have sidewalks or bike lanes.  Major Arterial: Provide traffic movement through and between different areas within the city and access to adjacent land uses. Access is more controllable because driveway spacing requirements are much greater and, if safety dictates, overall access can be limited to specific turning movements.  Minor Arterial: Provide service for trips of moderate length, serve geographic areas that are smaller than their higher Arterial counterparts and offer connection of lower functional classifications and major Arterials.  Collector: These streets are intended to balance traffic between arterial streets and local streets. Collector streets tend to carry a high volume of traffic over shorter distances, providing access and movement between neighborhoods, parks, schools, retail areas and the arterial street system  Local Streets: Provide access adjoining properties by collecting the traffic from surrounding areas and distributing it to adjoining collectors or arterial streets.

The use of a traditional classification helps Dickinson understand the general nature of the existing roadways within the city limits. Figure 6.4 Dickinson Road Classification Plan

Implementation of the Future Thoroughfare Plan Implementation of future thoroughfare system improvements occurs over many years and builds towards the ultimate thoroughfare system shown in the Future Thoroughfare Plan. The fact that a planned thoroughfare is shown in the Future Thoroughfare Plan does not represent a commitment to a specific timeframe for construction, nor that the City of Dickinson will build the roadway improvement. The City of Dickinson, Dickinson Management District #1, Dickinson Economic Development Corporation, Galveston County Water Control & Improvement District #1, Galveston County, and Texas Department of Transportation, as well as private developers and land owners, can utilize the Future Thoroughfare Plan in making decisions relating to the planning, coordination and programming of future development and transportation improvements. By identifying future thoroughfare locations where right-of-way is needed, land owners and developers can consider the roadways in their subdivision planning, dedication of public right-of-way and provision of setbacks for new buildings, utility lines, and other improvements located along the rights-of-way for existing and planned thoroughfares. The Thoroughfare Plan has long reaching effects on the growth and development in the Dickinson area since it guides the reservation of rights-of-way needed for future thoroughfare improvements. While other elements of the Comprehensive Plan look at foreseeable changes and needs over a 20-year period, thoroughfare planning requires an even longer-range perspective extending into the very long-term future. Future changes in transportation technology, cost structure, service demands for the transportation system and resulting long-term shifts in urban growth and development patterns require a farsighted and visionary approach to thoroughfare planning decisions.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Figure 6.5 Future Thoroughfare Plan

Community Wayfinding Systems In addition to pedestrian and transit systems, there is a need for the development of a community wayfinding system. A community wayfinding system is a coordinated and continuous system of signs, lighting fixtures, architectural style throughout a City that direct tourists and other road users to key civic, cultural, visitor, recreational attractions, and other destinations within a city or a local urbanized or downtown area.3 Community wayfinding systems which include streets signs help to establish a sense of place and direction for pedestrians and motorists, as well as attract and retain potential shoppers to a specific area within a city.

Goals, Objectives, and Action Items Goal 8.1 Improve citywide mobility to accommodate present and future transportation needs Objective 8.1.1 Ensure adequate connectivity and access throughout the city. Action 8.1.1.1 Construct a new one-way thoroughfare from Sunset Drive south to Deats Road between Interstate 45 and the Frostwood Subdivision to provide for traffic to proceed south from Sunset Drive to Deats Road without having to travel through the Frostwood Subdivision. Action 8.1.1.2 Extend Water Street/Medical Park Drive south across Dickinson Bayou to provide connectivity from the southbound feeder road of Interstate 45 to FM 517. Action 8.1.1.3 Extend Hughes Lane north to Cross Colony Drive in League City, Texas to provide additional connectivity from FM 517 north. Action 8.1.1.4 Develop a Master Sign Plan for the City that includes upgrading street signs and adding new wayfinding signage and promotes easy navigation throughout the City. Action 8.1.1.5 Identify funding and implement the Master Sign Plan, including street signs throughout the City using a consistent look.

Objective 8.1.2 Reduce traffic congestion, improve safety of traveling public, and increase level of service in main traffic corridors. Action 8.1.2.1 Work with TxDOT to eliminate a large portion of the continuous turn lanes through construction of raised medians from FM 646 to Spruce Street on FM 517 as recommended by the AMP by 2018. Action 8.1.2.2 As TxDOT implements construction on the additional lanes for FM 517, encourage increasing the width of the raised medians and the addition of continuous sidewalks to increase pedestrian mobility as recommended by the AMP. Action 8.1.2.3 Work with business owners to eliminate curb cuts to reduce the amount of entry and exit points on major roadways to decrease motor vehicle conflict points as recommended by the AMP. Action 8.1.2.4 Coordinate with TxDOT to provide possible new traffic signal installation and provide adequate signal timing for motorists to enter businesses across high traffic volume intersections as recommended in the AMP. Action 8.1.2.5 Work with TxDOT to update traffic signals throughout the City to pole and mast arm as roadway improvements are completed as recommended in the AMP. Action 8.1.2.6 Work with TxDOT to improve traffic light signalization at the I-45 and FM 517 intersection.

Goal 8.2 Increase opportunities for multi-modal connectivity throughout the City and region Objective 8.2.1 Promote citywide pedestrian mobility and livability. Action 8.2.1.1 Expand the sidewalk inventory contained in the PTMP to capture data throughout the City. Action 8.2.1.2. Develop a plan for constructing and maintaining sidewalk infrastructure, ADA ramps, and crosswalk infrastructure throughout the City to ensure pedestrian mobility is promoted City-wide. Action 8.2.1.3 Target funding sources, submit grant applications for, and construct pedestrian improvements. Action 8.2.1.4 Initiate a ranking process utilizing Pedestrian Level of Service (PLOS) demonstration data as outlined in the Dickinson Park & Ride and Pedestrian/Transit Master Plan to select which sidewalk segments to submit to the Federal Transit Administration (FTA) for inclusion within a capital grant application. Action 8.2.1.5 Utilize Letter of No Prejudice as basis to expend City funds towards pedestrian improvements that improve sidewalk infrastructure along SH 3 and FM 517, as identified in the Dickinson Park & Ride and Pedestrian/Transit Master Plan. Action 8.2.1.6 Develop citywide wayfinding system and implement the signage program including street signs to direct vehicular and pedestrian traffic. Action 8.2.1.7 Preserve existing and implement new beautification treatments along corridors.

Objective 8.2.2 Enhance regional mobility and connectivity options through public transportation. Action 8.2.2.1. Continue to actively participate in the Galveston County Transit District. Action 8.2.2.2 Identify funding for development of a potential park and ride facility as the inter-modal stops for Houston Metro, Gator Run buses, and future commuter rail services and as provided in the PTMP. Action 8.2.2.3 Work with the Gulf Coast Center and the Goodman Corporation to implement a 5-year plan for all bus stop improvements for the Gator Run System. Action 8.2.2.4 Continually reevaluate bus stops utilized by the Gator Run System with the Gulf Coast Center and the Goodman Corporation. Action 8.2.2.5 Continue to actively participate in the Transportation Policy Council through the Houston-Galveston Area Council and request inclusion in the Galveston Corridor Planning Efforts as appropriate. Action 8.2.2.6 Encourage connectivity between Connect Transit and Houston Metro through the Galveston County Transit District and the Gulf Coast Center.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

______

1 Kimley-Horn & Associates, I., CJ Hensch & Associates, I., AIA Engineers, Ltd., & Knudson, LP. (2013). FM 517 and SH 3 Access Management Plan. City of League City & Dickinson: H-GAC, TxDOT, City of Dickinson, City of League City & Connect Transit.pp.1-4 2 The Goodman Corporation. (2013). The City of Dickinson Park & Ride and Pedestrian/Transit Access Master Plan. The City of Dickinson & Gulf Coast Center: the Goodman Corporation. p.ES-1. 3 FHWA. (2009). 2009 Edition Chapter 2D. Guide Signs—Conventional Roads. (U.S. Department of Transportation Federal Highway Administration) Retrieved from Manual on Uniform Traffic Control Devices (MUTCD): http://mutcd.fhwa.dot.gov/htm/2009/part2/part2d.htm) Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Ordinance Number XXX-2016 (Zoning Case ZMC-16-0205)

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 0.551 ACRES, LEGALLY DESCRIBED AS ABSTRACT 78 R HALL SURVEY LOTS 1 THROUGH 8 & ADJACENT ALLEY, BLOCK 209 NICHOLSTONE 112-LC, GENERALLY LOCATED NORTH OF 28TH STREET AND EAST OF FM 1266 WITH THE ADDRESS BEING 2709 DICKINSON AVENUE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL COMMERCIAL (GC); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

BACKGROUND: (This is the second of three readings)

On March 22, 2016, the City Council conducted a public hearing on a request by Texas Beer Refinery to amend the Comprehensive Zoning Ordinance by changing the zoning from Conventional Residential (“CR”) to General Commercial (“GC”) on the property located at 2709 Dickinson Avenue, in Dickinson. The Ordinance was approved on first reading.

RECOMMENDATION: The Planning and Zoning Commission unanimously recommended approval of the zoning change request.

ATTACHMENTS:  Ordinance XXX-2016

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted.

Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 ORDINANCE NUMBER XXX-2016 (Zoning Case ZMC-16-0205)

WHEREAS, Approximately ± 0.551 acres, legally described as Abstract 78 R Hall Survey Lots 1 Through 8 & Adjacent alley, Block 209 Nicholstone 112-LC generally located North of 28th Street and East of FM 1266 with the address being 2709 Dickinson Avenue, (the “Property”), in the City of Dickinson, Galveston County, Texas (the “City”); and

WHEREAS, the Property presently has a zoning classification of Conventional Residential (CR) under Ordinance Number 420-2001, the City's Comprehensive Zoning Ordinance; and

WHEREAS, Texas Beer Refinery (“Applicant”) has requested such zoning classification change of said Property from Conventional Residential (CR) to General Commercial (GC) as authorized by the City’s Zoning Ordinance; and

WHEREAS, the City Secretary of Dickinson, Texas, directed that notices of a hearing be issued, as required by the Zoning Ordinance of the City of Dickinson and laws of the State of Texas, at a meeting of the City Council, to be held on the 22nd day of March 2016, for the purpose of considering rezoning the Property from Conventional Residential (CR) to General Commercial (GC); and

WHEREAS, the City Secretary of the said City accordingly caused to be issued and published the notices required by its Zoning Ordinance and laws of the State of Texas applicable thereto, the same having been published in a paper of general circulation in the City of Dickinson, Texas, at least fifteen (15) days prior to the time set for such hearing; and

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 1 of 3 WHEREAS, the City Council of said City, pursuant to such notice, held its public hearing and heard all persons wishing to be heard both for and against the aforesaid change in the Zoning Ordinance, on the 22nd day of March 2016; and

WHEREAS, the City Council is of the opinion and finds that such rezoning would not be detrimental to the public health, safety, or general welfare, and will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Dickinson, and as well, the owners and occupants thereof, and the City generally.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. The Comprehensive Zoning Ordinance Number 420-2001, as the same has been heretofore amended, is hereby further amended so as to rezone ± 0.551 acres, legally described as Abstract 78 R Hall Survey Lots 1 Through 8 & Adjacent alley, Block 209 Nicholstone 112-LC generally located North of 28th Street and East of FM 1266 with the address being 2709 Dickinson Avenue, in the City of Dickinson, Galveston County, Texas from Conventional Residential (CR) to General Commercial (GC).

Section 3. It is directed that the official zoning map of the City of Dickinson, adopted on the 24th day of June, 2001, by Ordinance Number 420-2001, shall be revised and amended to reflect the zoning classification established by this Ordinance, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of the change.

Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 5. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.

Section 6. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine in an amount not to exceed $2,000.00. Each day a violation continues shall constitute a separate offense.

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 2 of 3

Section 7. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

Section 8. This Ordinance shall become effective upon final reading and adoption of this Ordinance, in accordance with law.

DULY PASSED AND APPROVED on first reading this 22nd day of March, 2016.

DULY PASSED AND APPROVED on second reading this ___ day of ______, 2016.

DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ____ day of ______, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun Thomas, Interim City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 3 of 3 Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Ordinance Number XXX-2016 (Zoning Case ZMC-16-0163)

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 0.7855 ACRES, LEGALLY DESCRIBED AS ABSTRACT 19 PERRY & AUSTIN SURVEY PART OF LOT 24, NICHOLS ADDITION DICKINSON, GENERALLY LOCATED ON THE CORNER OF DEATS AND FM 1266 WITH THE ADDRESS BEING 4010 DEATS ROAD, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL COMMERCIAL (GC); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

BACKGROUND: (This is the second of three readings)

On March 22, 2016, the City Council conducted a public hearing on a request by Glen Finley, to amend the Comprehensive Zoning Ordinance by changing the zoning from Conventional Residential (“CR”) to General Commercial (“GC”) on the property located at 4010 Deats Road, in Dickinson. The Ordinance was approved on first reading.

RECOMMENDATION: The Planning and Zoning Commission unanimously recommended approval of the zoning change request.

ATTACHMENTS:  Ordinance XXX-2016

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 ORDINANCE NUMBER XXX-2016 (Zoning Case ZMC-16-0163)

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 0.7855 ACRES, LEGALLY DESCRIBED AS ABSTRACT 19 PERRY & AUSTIN SURVEY PART OF LOT 24, NICHOLS ADDITION DICKINSON, GENERALLY LOCATED ON THE CORNER OF DEATS AND FM 1266 WITH THE ADDRESS BEING 4010 DEATS ROAD, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL COMMERCIAL (GC); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, Approximately ± 0.7855 acres, legally described as Abstract 19 Perry & Austin Survey Part of Lot 24, Nichols Addition Dickinson generally located On The Corner of Deats Road and FM 1266 with the address being 4010 Deats Road, (the “Property”), in the City of Dickinson, Galveston County, Texas (the “City”); and

WHEREAS, the Property presently has a zoning classification of Conventional Residential (CR) under Ordinance Number 420-2001, the City's Comprehensive Zoning Ordinance; and

WHEREAS, Glenn Finley & Susan Wendorf (“Applicant”) has requested such zoning classification change of said Property from Conventional Residential (CR) to General Commercial (GC) as authorized by the City’s Zoning Ordinance; and

WHEREAS, the City Council of said City, pursuant to such notice, held its public hearing and heard all persons wishing to be heard both for and against the aforesaid change in the Zoning Ordinance, on the 22nd day of March 2016; and

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 1 of 3

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. The Comprehensive Zoning Ordinance Number 420-2001, as the same has been heretofore amended, is hereby further amended so as to rezone ± 0.7855 acres, legally described as Abstract 19 Perry & Austin Survey Part of Lot 24, Nichols Addition Dickinson generally located On The Corner of Deats Road and FM 1266 with the address being 4010 Deats Road, in the City of Dickinson, Galveston County, Texas from Conventional Residential (CR) to General Commercial (GC).

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 2 of 3 shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

Section 8. This Ordinance shall become effective upon final reading and adoption of this Ordinance, in accordance with law.

DULY PASSED AND APPROVED on first reading this 22nd day of March, 2016.

DULY PASSED AND APPROVED on second reading this ___ day of ______, 2016.

DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ____ day of ______, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun Thomas, Interim City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 3 of 3 Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Ordinance Number XXX-2016

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SECTION 18-11 DEFINITIONS OF TERMS AND PHRASES, OF ARTICLE II, DEFINITIONS, OF CHAPTER 18 ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS, TO ADD A DEFINITION FOR “VACATION RENTAL”; REPEALING SECTION 18-61, DEVELOPMENT AND PERFORMANCE STANDARDS, OF ARTICLE V, SPECIFIC USES, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES, ADOPTING A NEW SECTION 18-61, DEVELOPMENT AND PERFORMANCE STANDARDS, TO ESTABLISH MINIMUM REGULATIONS FOR BED AND BREAKFAST AND VACATION RENTAL LODGING FACILITIES; PROVING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

BACKGROUND: (This is the second of three readings) On March 22, 2016, the City Council conducted a public hearing concerning revisions to the City’s Zoning Ordinance to add a definition for Vacation Rental and to revise Section 18-61, Development and Performance Standards, to establish minimum regulations for Bed & Breakfast and Vacation Rental Facilities. The Ordinance was approved on first reading.

RECOMMENDATION: The Planning and Zoning Commission unanimously recommended approval of the change to the zoning ordinance.

ATTACHMENTS:  Ordinance Number XXX-2016

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted.

Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1

ORDINANCE NUMBER XXX-2016

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SECTION 18- 11, DEFINITIONS OF TERMS AND PHRASES, OF ARTICLE II, DEFINITIONS, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS, TO ADD A DEFINITION FOR “VACATION RENTAL”; REPEALING SECTION 18-61, DEVELOPMENT AND PERFORMANCE STANDARDS, OF ARTICLE V, SPECIFIC USES, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES; ADOPTING A NEW SECTION 18-61, DEVELOPMENT AND PERFORMANCE STANDARDS, TO ESTABLISH MINIMUM REGULATIONS FOR BED AND BREAKFAST AND VACATION RENTAL LODGING; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, the City Council finds that it is in the best interest of the health, safety, and welfare of the citizens of the City of Dickinson to require minimum regulations for Bed and Breakfast and Vacation Rental Lodging; and

WHEREAS, the City Council is of the opinion and finds that the regulations contained in this Ordinance are in the best interest of the health, safety, and welfare of the Citizens;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. Section 18-11, Definitions, of Article II, Definitions, of Chapter 18, Zoning, of the Code of Ordinances of the City of Dickinson, Texas, is hereby amended by the addition of the following definition of “Vacation Rental”:

Vacation Rental means a residential facility that is offered for rental for a period not to exceed thirty (30) days. The owner or the owner’s designated representative shall not be required to occupy the facility at the time the facility is being rented.

Section 3. Section 18-61, Development and performance standards, of Article V, Specific Uses, of Chapter 18, Zoning, of the Code of Ordinances of the City of Dickinson, Texas, is hereby repealed.

Section 4. A new Section 18-61, Development and Performance Standards, of Article V, Specific Uses, of Chapter 18, Zoning, of the Code of Ordinances of the City of Dickinson, Texas, is hereby adopted and shall read as follows:

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 1 of 6

“Sec. 18-61. Development and Performance Standards.

(a) Licensed Day Care Centers. Licensed day care centers in the “NC” district and registered family homes and group day care homes in the “CR” district are permitted by a specific use permit.

(1) The licensee shall submit to the city, on an annual basis, a copy of their most recent state license, proof of insurance, and all other documentation required by the City or State.

(2) Licensed day care facilities shall be operated in accordance with the State of Texas Department of Protective and Regulatory Services regulations and guidelines.

(b) Bed and Breakfasts. Bed and Breakfasts in the “RR” or “CR” district are permitted by a specific use permit.

(1) The residential feel and character of a Bed and Breakfast shall be maintained and not unnecessarily intrude upon the adjacent neighbors. By requiring the presence of the owner or the owner designated representative while the facility is rented, will help ensure that the impact of traffic noise or other nuisance does not occur or is immediately stopped to avoid any adverse effects on the surrounding neighborhood.

(2) In addition to any conditions imposed as part of the approved specific use permit, the following regulations shall be applicable to Bed and Breakfast lodging facilities:

a. Property shall be subject to inspection at any time by designated City representatives, if compliance is in question, with proper notice provided if feasible.

b. The specific use permit shall terminate and be considered abandoned if and when there is evidence of no rental activity based in part on the State Occupancy Tax Reports, for a period of nine (9) consecutive months. The burden is on the property owner to prove that the use of the property has been in continuous use.

c. One (1) smoke alarm shall be provided in each guest bedroom along with a fire extinguisher visible and be accessible to guests. A fire escape plan shall be developed and graphically displayed in each guest room. A second exit from the lodging facility structure shall be provided.

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 2 of 6

d. Signage for Bed and Breakfasts shall be limited to one (1) non illuminated sign not to exceed four (4) square feet in area.

e. A valid taxpayer number for reporting any Texas tax shall be provided to the City along with a copy of the completed State of Texas Hotel Occupancy Tax Questionnaire (form AP-102) no later than thirty (30) days following the approval of the specific use permit.

f. If there is a change in ownership of the property the City shall be notified of any change in property ownership within thirty (30) days of such change.

g. If guests have water access, guests may not enter upon any property which is not part of the owner’s property for the purpose of entering or exiting the water.

h. A copy of the requirements set forth in the specific use permit shall be made available to all guests.

i. On-street parking is prohibited. Two (2) parking spaces are required plus one additional space per room rented subject to modification as part of the specific use permit approval process.

(1) The residential feel and character of a Vacation Rental property shall be maintained and not unnecessarily intrude upon the adjacent neighbors.

(2) In addition to any conditions imposed as part of the approved specific use permit, the following regulations shall be applicable to Vacation Rental lodging facilities:

a. Property shall be subject to inspection at any time by designated City representatives, if compliance is in question, with proper notice provided if feasible.

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 3 of 6

months. The burden is on the property owner to prove that the use of the property has been in continuous use.

d. Signage for Vacation Rentals shall be limited to one (1) non illuminated sign not to exceed four (4) square feet in area.

f. If there is a change in ownership of the property the City shall be notified of any change in property ownership within thirty (30) days of such change.

g. If guests have water access, guests may not enter upon any property which is not part of the owner’s property for the purpose of entering or exiting the water.

h. A copy of the requirements set forth in the specific use permit shall be made available to all guests.

i. On-street parking is prohibited. Two (2) parking spaces are required plus one additional space per room rented subject to modification as part of the specific use permit approval process.

j. The maximum occupancy allowed shall be reviewed and determined in each individual specific use permit application based on number of rooms, beds, parking, neighborhood input, and any other factor determined to be relevant by the Planning and Zoning Commission or City Council. Owner occupancy is permitted but not required. However the subject property owner shall provide the City and property owners within 200 feet of the subject property, with the current name and contact information (including telephone numbers and e-mail address) for the local responsible party for the subject property. The local contact shall be able to respond to any incident within thirty (30) minutes of a call and shall be authorized to make decisions regarding tenants at the property. If the name or contact information for the local contact changes then the property owner shall notify the City and

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 4 of 6

property owners within 200 feet of the subject property, with the current name and contact information.

(d) The review for specific use permit approval of a Bed and Breakfast and/or Vacation Rental lodging facility shall consider but not be limited to the following factors:

a. The proposed occupancy and the size of the property, and whether a smaller occupancy level is appropriate;

b. Setbacks and proximity to other dwellings;

c. Rental regulations (such as no large parties, no extra guests) imposed by the owner and the degree of owner involvement in property management;

d. Occupant access to waterways and other environmentally sensitive areas;

e. Vehicle access and onsite parking and the number of parking spaces available; and

f. Compliance with all State, County, and City ordinances, laws, rules, and regulations including the Building Codes and Fire Codes.”

Section5. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 6. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.

Section 7. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine in an amount not to exceed $2,000.00. Each day a violation continues shall constitute a separate offense.

Section 8. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 5 of 6

shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

Section 9. This Ordinance shall become effective upon final reading and adoption of this Ordinance, in accordance with law.

DULY PASSED AND APPROVED on first reading this the 22nd day of March, 2016.

DULY PASSED AND APPROVED on second reading this _____ day of ______, 2016.

DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ___day of ______, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun Thomas, Interim City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2016 Page 6 of 6 Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC Award of Request for Proposals #1603-04 for Construction Management & Inspection Services to Project Surveillance, Inc.

BACKGROUND During the January 12, 2016 Council Meeting, Council was presented a proposal from IDS Engineering Group for additional engineering services including construction observation services related to the 2016 Street Maintenance Projects. Following the discussion, it was the consensus of the Council that the IDS proposal was too high and directed staff to gather proposals for such services. On March 9, 2016, the City of Dickinson issued Request for Proposals #1603-04 for Construction Management & Inspection Services.

Three responses to RFP#1603-04 were received on March 23, 2016 from AGCM, Inc., Middleton Brown, LLC, and Project Surveillance, Inc.

The proposals were evaluated by Council Member Wally Deats, Administrative Services Manager Stephanie Russell, and Public Works Staff based on the following criteria:  Years of relevant experience of firm or individual: 10%  Qualifications and relevant experience on similar projects: 20%  Demonstrated ability to respond quickly based on references: 20%  Cost effectiveness: 50%

Based on these criteria Project Surveillance, Inc. scored the highest. Therefore, staff recommends awarding RFP #1603-04 for Construction Management & Inspection Services to Project Surveillance, Inc. The proposed Agreement with Project Surveillance, Inc. is the next agenda item.

RECOMMENDATION Staff recommends awarding RFP #1603-04 for Construction Management & Inspection Services to Project Surveillance, Inc.

ATTACHMENTS  Copy of Request for Proposals #1603-04 for Construction Management & Inspection Services  Bid Tab for Request for Proposals #1603-04 for Construction Management & Inspection Services  Scoring Evaluation of Request for Proposals #1603-04 for Construction Management & Inspection Services

FUNDING ISSUES None ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd PAGE 1 OF 2 Dickinson City Council Agenda Item Data Sheet

Not budgeted - This proposal would be funded out of the Street

Maintenance Sales Tax Fund Full Amount already budgeted.

Funds transferred from General Funds.

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Stephanie Russell, Administrative Services Manager

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd PAGE 2 OF 2

DIVIDER PAGE

REQUEST FOR PROPOSALS CITY OF DICKINSON, TEXAS

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES REQUEST FOR PROPOSALS #1603-04

PROPOSAL OPENING DATE: MARCH 23, 2016

REQUEST FOR PROPOSALS #1603-04 PAGE 1 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES REQUEST FOR PROPOSALS #1603-04

TABLE OF CONTENTS

 Schedule Summary

 Invitation to Submit Proposals

 Scope of Services and Special Conditions

 Instructions to Respondents

 General Conditions of Bidding

 Application Form

 Pricing Schedule Form

 Supplemental Information / Minority/Woman-Owned Business Participation

 Conflict of Interest Questionnaire

 Bidder Reminder List

 Attachment “A” – Form Contract

REQUEST FOR PROPOSALS #1603-04 PAGE 2 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

PROPOSAL OPENING DATE: MARCH 23, 2016

REQUEST FOR PROPOSALS #1603-04 SCHEDULE SUMMARY

RFP Documents Released and Wednesday March 9, 2016 1st Legal Advertising for RFP

2nd Legal Advertising for RFP Wednesday March 16, 2016

Last day for inquiries and Friday March 18, 2016 clarifications

March 23, 2016 Deadline for Submission of 10:00 am Proposals Wednesday

Opening of Proposals 10:10 am

City Council Award of RFP Tuesday April 12, 2016

Note: This schedule is preliminary and may be modified at the discretion of the owner.

REQUEST FOR PROPOSALS #1603-04 PAGE 3 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES INVITATION TO SUBMIT PROPOSALS

The City of Dickinson invites the submission of proposals from experienced, construction inspection companies and/or individuals to provide construction management and inspection services for Street Rehabilitation projects and other projects as necessary. The City will select one respondent to provide these services for the City. The city is seeking an agreement for a two-year period with an option to renew for an additional two-year term.

PROPOSALS MUST BE RECEIVED BY THE CITY SECRETARY OF THE CITY OF DICKINSON NO LATER THAN 10:00 A.M. ON WEDNESDAY, MARCH 23, 2016. NO PROPOSALS WILL BE ACCEPTED AFTER THAT DATE AND TIME. ALL PROPOSALS RECEIVED AFTER THAT DATE AND TIME WILL BE CONSIDERED UNRESPONSIVE.

PROPOSALS WILL BE PUBLICLY OPENED AND READ AT THE DICKINSON CITY HALL LOCATED AT 4403 STATE HIGHWAY 3, DICKINSON, TEXAS 77539 ON WEDNESDAY, MARCH 23, 2016, AT 10:10 A.M.

RFP documents may be downloaded from the Purchasing Page of the City of Dickinson’s website at www.ci.dickinson.tx.us or obtained in person at Dickinson City Hall: 4403 State Highway 3, Dickinson, Texas 77539. Minority and small business vendors or contractors are encouraged to submit bids or proposals on any and all City of Dickinson projects.

All proposals submitted for City consideration must include two (2) originals and four (4) copies, be clearly marked on the outside of the sealed envelope with the words “Request for Proposals #1603-04, City of Dickinson Construction Management & Inspection Services, Attention: City Secretary, and must contain the name of the company submitting the Proposal.

A performance bond will be required for all contracts over $100,000.00 and a payment bond will be required for all contracts over $25,000.00. A separate maintenance bond may be required for all contracts less than $100,000.00. Otherwise, it is included with the performance bond. Payment bonds are to be for 100% of the contract price.

The City reserves the right to reject any or all proposals and waive any or all irregularities or to proceed otherwise when in the best interest of the City. Proposals shall be valid for a period of sixty (60) days from the date proposals are opened.

1st Advertisement: Galveston Daily News, March 9, 2016

2nd Advertisement: Galveston Daily News, March 16, 2016

REQUEST FOR PROPOSALS #1603-04 PAGE 4 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES SCOPE OF SERVICES AND SPECIAL CONDITIONS

I. BACKGROUND

The City of Dickinson, Texas (“City”) invites the submission of proposals from experienced and qualified Construction Management & Inspection service companies to provide construction oversight and inspection of its Street Rehabilitation projects and other projects as necessary. The City will select one respondent to provide construction management and inspections services for the City. Selected respondents primary objectives for submitting a proposal must be aligned with the City’s objectives which are:

. Facilitate construction and completion of street projects and . Ensure quality assurance in compliance with construction standards.

2016 Street Rehabilitation projects include: 1. Removal and disposal of existing pavement and driveways, and placement of 6 inches of concrete paving on 35th Street from Kansas Ave. to California Ave., Nebraska Street from 46th Street to WWTP, and Johnson Street from Dead End North of Lobenstien Ln to Dead End South of Lobenstein Ln. 2. Removal and disposal of existing pavement and driveways, and placement of 6 inches of concrete paving on Gill Road from Rodeo Bend Drive to Bess Road, Hollywood Street from Timber Drive to S.H. 3, Mariner Way from Commodore Drive to Bayou Drive, and Pine Oak Circle from Pine Oak Drive to Dead End of Pine Oak Circle.

In addition to the street rehabilitation projects, the contractor may be asked to provide inspections for other streets and/or drainage projects. Average estimated number of hours per week is approximately 20 hours dependent on the construction schedule.

II. SCOPE OF WORK

The City is soliciting proposals for the provision of construction management and inspection services in accordance with the following specifications, requirements and conditions. The proposals shall include the provision of all labor, equipment and materials, and the ability to perform all necessary work. Services shall include the following:

A. Construction Management: 1. Develop a construction management plan for approval by City to include procedures for team communication, review, reporting, and approval. B. Communications 1. Report in person and in writing, at regular intervals and at special need times, to the Public Works Director. C. Construction Phase 1. Provide on-site construction management. 2. Maintain daily on-site project log and as-built schedule report. Prepare daily reports of observations and activities. Secure the general contractor's daily log reports.

REQUEST FOR PROPOSALS #1603-04 PAGE 5 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

3. Perform periodic digital video and still photography of the progress of the project. Said photography must show date of the events and conditions being recorded. All non-compliance issues as well as any other site condition requested by City staff shall be photographed. 4. Coordinate, review and approve the Contractor's proposed Critical Path Method (CPM) schedule for completion of the project. 5. Review contractor's schedule update submittals for conformance to master schedule and contract documents. 6. Conduct pre-construction. Schedule and conduct bi-weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Prepare and promptly distribute minutes. 7. Establish and implement procedures for review and processing of all project documentation. Facilitate engineer review of contractor submitted questions or product information. 8. Oversee Quality Assurance of the construction activities to conform to plans and specifications. Monitor contractor work performance for deficiencies and recommend any special testing needed. 9. Perform all special inspections required for project. 10. Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawing and correspondence in electronic form and hard copy. 11. Maintain at the project site in an "as current" basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction. 12. Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond within contract time frames. 13. Receive contractor payment application, review for accuracy (amount due, certified payroll, appropriate rate, etc.) and circulate to engineer and Public Works Director for their review, signature and approval. 14. Maintain a daily log containing a record of weather, contractors, work on site, number of workers, work accomplished, problems encountered, solutions agreed upon, and other similar relevant data as the City may require. 15. Monitor and endeavor to ensure the establishment and implementation of appropriate safety programs by the Contractor. 16. Review and evaluate the appropriateness of all proposed change orders; advise the City as to their effect on the contract time and cost; perform independent estimates of proposed change order work when necessary or when directed by the City. Negotiate change orders and recommend approval or denial by the City. D. Construction Completion and Closeout 1. Compile detailed "punch lists" with the Engineer. 2. Coordinate closeout procedures. Monitor the Contractor's, the subcontractors', and Architect's progress to finalize all project records, complete and correct as-builts, and other documentations required by the Director of Public Works. 3. Oversee the complete performance of all punch list items and final clean-up before contractor moves off site. 4. Obtain from contractor all record (as built) drawings; O & M materials, attic stock, contract required documents, lien releases, and written warrantees. Review and circulate to City for final acceptance. 5. Coordinate final testing, documentation and regulatory inspections.

REQUEST FOR PROPOSALS #1603-04 PAGE 6 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

6. Advise on substantial and final completion and any liquidated damages. 7. Advise on final payment. 8. Provide City with complete project documentation for permanent records/storage. 9. Evaluate any contractor claim, negotiate and resolve claim issues. Recommend approval or denial by the City. 10. Establish a warranty process and schedule warranty walks as applicable for a period of twenty-four (24) months following the date of final acceptance of the Work by the City. 11. Oversee the complete performance of all warranty repair items. E. The following conditions are also applicable duties and responsibilities of the Contractor: a. Observe the Work. The Contractor shall observe the work for conformance with the approved (stamped) design drawings and specifications. Architect/Engineer-reviewed shop drawings may be used only as an aid to inspection. Inspections are to be performed on a continuous basis, meaning that the Contractor is on site in the general area at all times observing the work requiring inspection. b. Report Nonconforming Items. The Contractor shall bring nonconforming items to the immediate attention of the Construction Superintendent and note all such items in the daily report. If any item is not resolved in a timely manner or is about to be incorporated into the work, the Contractor shall immediately notify the Public Works Director by telephone or in person. c. Furnish Daily Reports. Complete and sign both the inspection record and the daily report from for each day’s inspections. These records shall remain at the jobsite with the Contractor for review by the Public Works Director. d. Furnish Weekly Reports. The Contractor shall furnish weekly reports of tests and inspections directly to the Public Works Director and others as designated. These reports must include the following: (1) Description of daily inspections and tests made with applicable locations; (2) Listing of all nonconforming items; (3) Report on how nonconforming items were resolved or unresolved as applicable; and, (4) Itemized changes authorized by the engineer and Public Works Director if not included in nonconformance items. All Reports and information provided to or developed by the Contractor shall be considered to be the confidential property of the City, and Contractor shall distribute or disclose such reports and information only to those persons, organizations or agencies specifically designated in writing by the City or its authorized representative. e. Retain Records. Contractor shall retain all pertinent records relating to the services performed for a period of six years following project completion during which period the records will be made available to the City at all reasonable times. The selected respondents will be required, at a minimum, to comply with the terms and conditions set forth in this Request for Proposals (“RFP”) and to provide such services in compliance with all local, state, and federal regulations. The selected respondents shall also execute an Agreement with the City, the form of which is provided at the end of this RFP. Any contract awarded in response to this RFP will be for a two (2) year period. The City shall have the option to renew the contract for one (1) additional two (2) year term upon approval by the City Council.

REQUEST FOR PROPOSALS #1603-04 PAGE 7 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

A. Minimum Qualifications.

The City has established the following minimum qualifications for construction management and inspection services. Respondents who do not meet all of these minimum qualifications will not be considered for the award of a contract. The City, in its sole discretion, will determine if a Respondent meets these minimum qualifications and will base its decision on the information contained in the Respondent’s proposal submitted in response to this RFP as well as through reference checks conducted by the City staff.

Minimum of five (5) years continuous experience, within the last seven (7) years, to include construction management and inspection services as described in this RFP. Respondents must include a resume outlining years of experience and any credentials.

B. Demonstrated Qualifications and Project Experience.

This section should establish the ability of the Contractor to satisfactorily perform the required work. Provide examples of similar project experience; municipal experience, preferred.

List at least three and not more than five projects or contracts for Construction Management and Inspection Services, within the last 5 years, for which you have successfully provided services of the type and kind required by this RFP. List the projects in priority order, with the most related project listed first.

At a minimum, provide the following information for each project listed:

a. Company Name, contact person, including telephone number, email addresses

b. Project name and location

c. Project Owner, title and current phone number

d. Project cost or contract value

e. Project size (square feet or linear feet);

f. Description of the project, scope of services, describing your experience, and work performed by your firm

g. Names of consultant firms, if any, and their areas of expertise

h. Description of how this project is similar and why the services provided are relevant to this project

i. Period of time for which work was performed

C. References.

A list of at least three references including names, positions and telephone numbers for the individuals identified in the qualifications. Note: If the telephone numbers are incorrect the firm will receive zero points for that reference.

REQUEST FOR PROPOSALS #1603-04 PAGE 8 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES INSTRUCTIONS TO BIDDERS/PROPOSERS

READ THIS ENTIRE DOCUMENT CAREFULLY AND FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS STATED HEREIN. THE INSTRUCTIONS AND CONDITIONS APPLY TO ALL BIDS/PROPOSALS AND BECOME A PART OF THE TERMS AND CONDITIONS OF ANY BID/PROPOSAL SUBMITTED AND ANY AGREEMENT ENTERED INTO SUBSEQUENT THERETO, UNLESS EXCEPTION IS TAKEN IN WRITING BY BIDDER WHEN SUBMITTING BID/PROPOSAL.

1. BIDS/PROPOSALS, PREPARATION AND SUBMITTAL All proposals submitted for City consideration must include two (2) original and four (4) copies, be clearly marked on the outside of the sealed envelope with the words “Request for Proposals #1603-04, City of Dickinson Construction Management and Inspection Services, Attention: City Secretary, must contain the name of the company or individual submitting the bid, and be delivered prior to the response due date and time as described in the Invitation to Bidders. Failure to submit a bid/proposal in accordance with these instructions may result in the bid/proposal being declared unresponsive to specification and may not be further evaluated.

For bids/proposals submitted in hard copy, all figures must be written in ink or typed. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted and initialed in ink by the person signing the proposal. No oral, telegraphic, telephonic, e-mailed or facsimile bids/proposals will be considered.

All bids/proposals/proposals must be submitted in a sealed envelope and must contain the following:

(1) A completed Application on the form provided in this RFP signed by the authorized individual; (2) A completed Pricing Schedule on the form provided in this RFP; (3) Acceptable documentation indicating compliance with all insurance requirements of the City, State or other regulatory agency; (4) A completed Conflict of Interest Disclosure form as provided with this RFP; (5) Resume(s) of proposed staff. (6) List of at least three and not more than five projects or contracts for Construction Inspection Services, within the last 5 years, for which you have successfully provided services of the type and kind required by this RFP. List the projects in priority order, with the most related project listed first. (7) A list of at least three (3) references including names, positions and telephone numbers for the individuals identified in the qualifications. Note: If the telephone numbers are incorrect the firm will receive zero points for that reference.

Bidders must provide all documentation required with the bid/proposal response. Failure to provide this information may result in rejection of bid. For additional instructions related to Bid/Proposal Preparation, please see the General Conditions of Bidding contained herein.

2. INTENT OF BID DOCUMENTS Bidders should fully inform themselves as to all conditions and matters that can in any way affect the costs thereof. Should a bidder find discrepancies in, or omission from, the bid documents, or should there be any doubt as to a document’s meaning and intent, the Bidder should notify the City at once and obtain clarification prior to submitting a bid.

The submission of a bid/proposal by Bidder shall be conclusive evidence that the Bidder is fully acquainted with and satisfied as to character, quality and quantity of equipment and/or services to be furnished.

3. DELIVERY OF BIDS/PROPOSALS/PROPOSALS

REQUEST FOR PROPOSALS #1603-04 PAGE 9 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Bids/proposals received prior to the time of the opening will be kept securely unopened. Bids/proposals received after the time specified in the Invitation to Bid shall be considered late and shall be returned unopened. The person whose duty it is to open the bids/proposals will decide when the specified time has arrived for the opening of the bids/proposals. No responsibility will be attached to an officer of the City for the premature opening of a bid not properly addressed and identified. No oral, telegraphic, telephonic, e-mailed or facsimile bids/proposals will be considered.

4. SIGNATURES All bid/proposal responses are required to be signed by an authorized representative of the bidding entity. Bid/proposal responses received unsigned will result in the bid being declared unresponsive to specification and may not be further evaluated.

5. BID/PROPOSAL ALTERATION/WITHDRAWAL Bids/proposals cannot be altered or amended after the submission deadline. The signer of the bid, guaranteeing authenticity, must initial any interlineations, alteration, or erasure made before bid opening time. Bids/proposals may be withdrawn by written request signed by the bidder prior to the time fixed for bid opening; however, such written request must be received by the City in the normal course of business and prior to the time fixed for bid opening. Negligence on the part of the bidder in preparing the bid/proposal represents no right for withdrawal after the bid is opened. No bids/proposals may be withdrawn or canceled for a period of sixty (60) calendar days after opening of the bids/proposals.

6. DISQUALIFICATIONS OF BIDDERS The bidders may be disqualified and their bids/proposals not considered for the following reasons, including, but not limited to:

 Bid received after the time set for receiving bids as stated in the advertisement;  Reason for believing collusion exists between bidders;  The bidder, sub-contractor or supplier being an interested party in any litigation against the City;  Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract;  Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires, or qualification statement;  Failure to comply with any of the requirements contained herein;  Lack of signature by an authorized representative on the Bid Form or Proposal;  Bidder is indebted to the City.

7. BID OPENINGS All bids/proposals submitted will be opened publicly in the City Hall Council Chambers, at the date and time shown in the Invitation for Proposals. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive.

The City will make a determination as to the responsiveness of bids/proposals submitted based upon compliance with all applicable laws, City of Dickinson Purchasing Guidelines, and project documents, including, but not limited to, the project specifications and contract documents. The City will notify the successful bidder upon award of the contract, and, according to State law, all bids/proposals received will be available for inspection at that time, unless otherwise provided by law.

8. PROPOSAL EVALUATION AND SELECTION The City will conduct a comprehensive, fair, and impartial evaluation of all proposals received in response to this RFP. Each proposal will be analyzed to determine overall responsiveness and qualifications under the RFP. Criteria to be evaluated may include the following items:

REQUEST FOR PROPOSALS #1603-04 PAGE 10 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Years of relevant experience of firm or individual: 10%

Qualifications and relevant experience on similar projects: 20%

Demonstrated ability to respond quickly based on references: 20%

Cost effectiveness: 50%

9. BASIS OF AWARD It is the intent of the City to award a Contract to one Respondent submitting the most efficient and/or most economical proposals for the City. Selection shall be based on all factors, which have a bearing on price and performance of the items in the user environment. All bids/proposals are subject to re-tabulation. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids/proposals.

The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder.

The City of Dickinson reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on the bid/proposal if their bid/proposal is “all or none”; otherwise, it shall be considered as agreeing with this section.

The City of Dickinson reserves the right to contact any offer or, or at any time, to clarify, verify or request information with regard to any bid. Unless stipulated in the attached bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provides goods and services specified herein at the best value for the City of Dickinson in compliance with Section 252.043 of the Texas Local Government Code. The City reserves the right to waive any formality or irregularity, to make awards to more than one offer or, or to reject any or all bids/proposals.

10. BID TABULATION Bidders desiring a copy of the bid tabulation may request it by enclosing a self-addressed, stamped envelope with the bid. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE. You may also download a copy on the City of Dickinson’s website from the Purchasing Page at www.ci.dickinson.tx.us.

11. PROTESTS All protests regarding the bid solicitation process must be submitted in writing to the City Administrator within five (5) working days following the opening of the bids/proposals. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Texas Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications.

This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Administrator within five (5) working days of the staff recommendation to the City Council. Unless otherwise provided by law, all staff recommendations will be made available for public review by inclusion in the agenda packet for the City Council meeting at which the bid/proposal will be considered.

REQUEST FOR PROPOSALS #1603-04 PAGE 11 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES GENERAL CONDITIONS OF BIDDING

This Bid does not commit the City of Dickinson to award a contract or to pay any costs incurred as a result of preparing such a response. The City reserves the right to accept or reject any and all responses received in response to this request, to negotiate with all qualified respondents or to cancel in part or in its entirety this Bid if it is in the best interests of the City.

Upon award of bid, the specifications and provisions of this bid document shall constitute a contract between the City of Dickinson and the successful bidder.

BIDDING

1. PRICING: Price(s) quoted must be held firm for a minimum of 120 days from the date of bid closing. In the case of estimated requirement contract bid, the prices must remain firm for the period as specified in the bid. “Discount from list” bids/proposals are not acceptable unless specifically requested in the bid.

2. QUANTITIES: In the case of estimated requirements, contract bid quantities appearing are estimated as realistically as possible. However, the City reserves the right to increase, decrease or delete any item or items of material to be furnished while continuing to pay the price quoted on this bid regardless of quantity. The successful bidder shall have no claim against the City for anticipated profits for the quantities called for, diminished, or deleted.

2. ERROR-QUANTITY: Bids/proposals must be submitted on units of quantity specified, extended, and show total. In the event of discrepancies in extension, the unit prices shall govern.

3. EXCEPTIONS/SUBSTITUTIONS: All submittals meeting the intent of this bid/request for proposal will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the qualifications. The absence of such a list shall indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in strict accordance with the specifications of the invitation. The City of Dickinson reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

4. PROPRIETARY INFORMATION: If a bid contains proprietary information, the Bidder must declare such information as proprietary if Bidder does not want information to become public. Any proprietary information must be indicated in the index and clearly identified in the qualifications.

5. CORRESPONDENCE: The bid number assigned to this Project must appear on ALL correspondence, inquiries, bid submittal documents, etc. pertaining to this Invitation for Bid.

6. ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Dickinson City Secretary. An attempt will be made to mail, fax, or e-mail any addenda to all who are known to have received a copy of this Invitation for Bid. Bidders shall acknowledge receipt of all addenda in the designated area on the bid document. It is the responsibility of the bidder to ensure receipt of all addenda and to include the changes in this bid document.

7. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing to the City.

REQUEST FOR PROPOSALS #1603-04 PAGE 12 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

8. INQUIRIES: Any inquiries concerning the bid documents shall be addressed to Stephanie Russell, Administrative Services, by telephone 281-337-8839 or e-mail [email protected]. Any attempt on the part of a bidder or his representative to contact an elected official of the City regarding this bid or its award will disqualify the bidder.

PERFORMANCE

9. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder’s responsibility. In addition to the factors identified in Section 8 of the Instructions to Bidders herein, a prospective bidder must meet the following requirements:

A. Have adequate financial resources, or the ability to obtain such resources as required; B. Be able to comply with the required or proposed delivery schedule; C. Have a satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; and E. Be otherwise qualified and eligible, as determined by the City, to receive an award.

The City may request representation and other information sufficient to determine bidder’s ability to meet these minimum standards listed above.

10. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City.

11. PATENT RIGHTS: The Bidder agrees to indemnify and hold the City and/ harmless from any claim involving patent right infringement or copyrights on goods or services supplied.

12. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Dickinson.

PURCHASE ORDERS AND PAYMENT

13. BID SECURITY/BOND REQUIREMENTS: If required, bid security shall be submitted with bids/proposals. Any bid submitted without required bid bond, or cashiers/certified check, shall be considered non-responsive and will not be considered for award. Performance and/or payment bonds, when required, shall be submitted to the City prior to commencement of any work pursuant to the agreement provisions.

14. APPROPRIATION CLAUSE: The City of Dickinson is a Texas home-rule municipal corporation operated and funded on an October 1 to September 30 basis. Accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

15. TAXES: The City is exempt from Federal Manufacturer’s Excise, and State sales taxes. TAX MUST NOT BE INCLUDED IN BID PRICING. Tax exemption certificates will be executed by the City and furnished upon request by the Administrative Services Manager.

16. PAYMENT TERMS: Payment terms are Net 30 upon receipt and acceptance by the City for item(s) and/or service(s) ordered and delivered after receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Texas Government Code. Prompt payment discounts may be used by the City in determining the bidder who provides goods or services at the best value for the municipality. Successful Bidder is required to pay subcontractors within ten (10) days of work performed.

REQUEST FOR PROPOSALS #1603-04 PAGE 13 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

17. INVOICES: Invoices, if applicable, must be submitted by the successful bidder in duplicate to the City of Dickinson, Attn: Accounts Payable, 4403 State Highway 3, Dickinson, Texas 77539.

CONTRACT

18. CONTRACT PERIOD/RENEWAL OPTIONS: In the case of an annual contract bid, the contract shall be for a predetermined period as specified in the Invitation for Bids/proposals. If a clause for option to renew for additional period(s) is (are) included, renewal(s) will be based solely upon the option and written agreement between the City and the successful bidder(s). Either party dissenting will terminate the contract in accordance with its initial specified term.

19. INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices to all entities that have entered into or will enter into joint purchasing Interlocal Cooperation Agreements with the City. The City has executed Interlocal Agreements, as permitted under Section 791.025 of the Texas Government Code with certain other governmental entities in Harris and/or Galveston Counties authorizing participation in a cooperative purchasing program. The successful bidder may be asked to provide products/services, based upon bid price, to any other participant in which the City has entered into an Interlocal Agreement for purchasing.

20. ELECTRONIC PROCUREMENT: The City of Dickinson has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062 of the Texas Government Code. The City of Dickinson may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening.

21. SELECTION OF REASONABLY QUALIFIED PROPOSALS: The City of Dickinson will review the proposals submitted by all proposers. On the basis of the relative importance of price and other evaluation factors, the City of Dickinson will determine which proposals are reasonably qualified for the award of the Contract.

The City of Dickinson may, at any time, investigate a proposer’s ability to perform the services. The City of Dickinson may ask for additional information about the company and its service on previous Contracts. Proposers may choose not to submit information in reply to the City of Dickinson’s request; however, if failure to submit such information does not clarify the City’s questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal.

The City of Dickinson would typically be interested in previous experience in performing similar or comparable services, business and technical organizations, staffing and personnel turnover; customer lists; financial statement of resources for current and past periods; or other relevant information.

Please be aware that the City of Dickinson may use sources of information not supplied by the proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from other published sources such as industry newsletters or from non-published sources made available to the City of Dickinson.

22. DISCUSSIONS WITH REASONABLY QUALIFIED PROPOSERS: After selection of reasonably qualified proposers, the City of Dickinson may enter into discussions concerning the services proposed. These discussions will be on an individual basis and closed to third parties and other proposers.

23. EXECUTION OF CONTRACT: The City Council, by Council Resolution, shall authorize award of the Contract to one Proposer and designate the successful Proposer as the City of Dickinson Contractor, subject to execution of the Contract documents by City and Proposer. The City of Dickinson will require

REQUEST FOR PROPOSALS #1603-04 PAGE 14 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

the Proposer to sign the Contract documents and to provide the required Performance and Payment Bonds, as appropriate, and provide evidence of insurance as required under the Contract documents. No work shall commence until the Contract documents are signed.

No contract shall be binding on the City until it has been executed by the appropriate authorized signatory for each entity. Further, no Contract for this project may be signed by the City of Dickinson without the authorization of the Dickinson City Council.

After the Contract is signed, the City will not make allowances for any failures by the designated Contractor, which affect the ability to provide services explicitly included in the Contract.

24. EXECUTION OF APPROPRIATE BONDS: The designated Contractor shall execute Performance and Payment Bonds in the amount specified in the Contract and provide proof of insurance conforming to requirements as set forth in the Contract. The designated Contractor shall pay cost for such bonds. Proof of insurance must accompany the executed Contract.

Unless otherwise approved in writing by the City of Dickinson, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States.

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney.

25. FAILURE TO EXECUTE CONTRACT: Failure to execute the Contract within ten (10) days after the completed Contract documents are delivered by the City of Dickinson shall entitle the City of Dickinson to rescind the award and retain the proposal security. In the event of the City of Dickinson should be required to re-advertise because of the failure to execute Contract document, the defaulting party shall not be eligible to submit a proposal.

26. VALID PROPOSALS: Contractors agree that their proposals shall remain valid for 120 days following the deadline date for submissions, or, if a proposal is accepted, throughout the entire term of the Contract.

27. CONFIDENTIALITY: In accordance with state law, proposals shall be opened so as to avoid disclosure of contents to competing proposers and shall be kept secret and confidential during the process of negotiation. All proposals submitted for this RFP shall be open for public inspection after Contract award. Clearly marked and identified trade secrets and confidential information contained in the proposal shall not be opened for public inspection upon mere request under the Open Records Act. Such matters will be returned to Proposer, upon request, after award of the Contract. If a third party challenges the trade secret or confidential nature of certain information, it will be the responsibility of the Proposer to defend that challenge.

28. AUDIT: The City reserves the right to audit the records and performance of successful bidder during the term of the contract and for three (3) years thereafter.

29. SUCCESSFUL BIDDER SHALL: Defend, indemnify and save harmless the City and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, actions or other claims of any character, name and description brought for or on account of any injuries, including death, or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, officer, director, representative, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful bidder shall pay any judgment with cost

REQUEST FOR PROPOSALS #1603-04 PAGE 15 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

which may be obtained against the City and/ and participating entities growing out of such injury or damages.

30. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful Bidder fails to: (1) meet delivery schedules; or (2) otherwise performs in accordance with these specifications.

In the event the successful Bidder shall fail to perform, keep or observe any of the terms and conditions to be performed, kept or observed, the City of Dickinson shall give the successful Bidder written notice of such default; and in the event said default is not remedied to the satisfaction and approval of the City within seven (7) working days of receipt of such notice by the successful Bidder, default will be declared and all the successful Bidder’s rights shall terminate. Bidder, in submitting this bid, agrees that the City of Dickinson shall not be liable to prosecution for damages in the event that the City declare the Bidder in default.

Breach of contract or default authorizes the City to, among other things, award to another bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful Bidder.

31. ACCEPTABILITY: All articles enumerated in the bid shall be subject to inspection by a City officer or employee designated for the purpose. If found inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the City Administrator who shall have the right to reject the whole or any part of the same. Work determined to be contrary to specifications must be replaced by the bidder and at its sole expense. All disputes concerning quality of supplies utilized in the performance of this bid will be determined solely by the City Administrator for the City of Dickinson or designated representative.

32. REMEDIES: The successful bidder and the City agree that each party has all rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

33. VENUE: This contract will be governed and construed according to the laws of the State of Texas. This contract is performable in Galveston County, Texas.

34. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

35. NO PROHIBITED INTEREST: The bidder acknowledges and represents they are aware of the laws regarding conflicts of interest. In compliance with Local Government Code §176.006, as amended, all bidders shall submit a completed conflict of interest questionnaire as provided herein with their bid submittal.

36. DECEPTIVE TRADE PRACTICES/UNFAIR BUSINESS PRACTICES: By submission of a bid response, the bidder represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code Chapter 17 or allegations of any unfair business practice in any administrative hearing or court suit that the bidder has not been found to be liable for such practices in such proceedings.

REQUEST FOR PROPOSALS #1603-04 PAGE 16 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

37. FELONY CRIMINAL CONVICTIONS: The bidder represents and warrants that neither the bidder nor the bidder’s employees have been convicted, or have a pending felony criminal offense, or that, if such a conviction has occurred, the bidder has fully advised the City of Dickinson as to the facts and circumstances surrounding the conviction.

38. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

39. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this contract, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonable within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

REQUEST FOR PROPOSALS #1603-04 PAGE 17 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

APPLICATION City of Dickinson Request for Proposals #1603-04 Construction Management & Inspection Services

RESPONDENT NAME: ______(Give exact legal name as it will appear on the contract, if awarded.)

PRINCIPAL ADDRESS: ______

CITY: ______STATE: ______ZIP: ______

TELEPHONE NO. ______FAX NO. ______

EMAIL ADDRESS: ______

SOCIAL SECURITY# or FEDERAL EMPLOYER IDENTIFICATION#: ______BUSINESS STRUCTURE OF RESPONDENT: (Please check a box)  Individual or Sole Proprietorship. If checked, list Assumed Name, if any: ______ Partnership  Corporation. If checked, check one:  For Profit  Nonprofit Also, check one:  Texas Corporation  Foreign Corporation  Other. If checked, list type of business structure: ______(LP, LLC, LLP, etc.)

PRINTED NAME OF PERSON TO SIGN CONTRACT: ______

CONTACT INFORMATION: List the one person who the City may contact concerning this proposal or setting dates for meetings.

NAME: ______

ADDRESS: ______

CITY: ______STATE: ______ZIP: ______

TELEPHONE NO. ______FAX NO. ______

EMAIL ADDRESS: ______IS RESPONDENT AUTHORIZED AND/OR LICENSED TO DO BUSINESS IN TEXAS?  YES  NO IF “NO”, PROVIDE EXPLANATION: ______

REQUEST FOR PROPOSALS #1603-04 PAGE 18 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

HAS THIS RESPONDENT OR ANY OF ITS PRINCIPALS BEEN SUSPENDED FROM CONTRACTING WITH ANY PUBLIC ENTITY?

 YES  NO If “YES,” please identify the public entity and the name and current phone number of a representative with that public entity familiar with the suspension, and state the reason for or circumstances surrounding the suspension, including, without limitation, the period of time for such suspension:

HAS THE RESPONDENT EVER BEEN DECLARED BANKRUPTCY OR FILED FOR PROTECTION FROM CREDITORS UNDER STATE OR FEDERAL PROCEEDINGS?

 YES  NO IF “YES,” STATE THE DATE, COURT, JURISDICTION, AND CAUSE NUMBER OF ANY SUCH PROCEEDING:

IS RESPONDENT THE RESPONDENT CURRENTLY INVOLVED IN ANY LITGATION?

 YES  NO IF “YES,” PROVIDE EXPLANATION:

PROVIDE ANY OTHER NAMES UNDER RESPONDENT HAS OPERATED IN THE LAST 10 YEARS:

The undersigned certifies that (s)he is authorized to submit this Proposal on behalf of the entity named below:

______Responding Entity Name

By: ______

Printed Name: ______

Title: ______

Date: ______

If this proposal is submitted by a Co-Respondent, an authorized signature from a representative of each Co- Respondent is required. Add additional signature pages as required.

REQUEST FOR PROPOSALS #1603-04 PAGE 19 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

By signing above, Respondent(s) agrees to the following:

1. If awarded a contract in response to this RFP, Respondent will be able and willing to execute a contract in the form demonstrated in the RFP with the understanding that the scope and compensation provisions will be negotiated and included in the final document;

2. If Respondent is a corporation, Respondent will provide a certified copy of the resolution evidencing authority to enter into the contract, if a person other than an officer of the corporation will be signing the contract;

3. If awarded a contract in response to this RFP, Respondent will be able and willing to comply with the insurance and indemnification requirements set for in the Agreement made a part of the RFP;

4. If awarded a contract in response to this RFP, Respondent will be able and willing to comply with all representations made by Respondent in Respondent’s Proposal; and

5. All statements made in this Application are true and correct and Respondent understands that any false statements or failure to disclose required information may result in disqualification of this Proposal from consideration;

REQUEST FOR PROPOSALS #1603-04 PAGE 20 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES PRICING SCHEDULE FORM

Average estimated number of hours per week is approximately 20 hours dependent on the construction schedule.

Title Hourly Rate

REQUEST FOR PROPOSALS #1603-04 PAGE 21 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REFERENCES A list of at least three (3) references including names, positions and telephone numbers for the individuals identified in the qualifications. Note: If the telephone numbers are incorrect the firm will receive zero points for that reference.

1. Name: ______

Title/Company: ______

Telephone: ______

Project Association: ______

2. Name: ______

Title/Company: ______

Telephone: ______

Project Association: ______

3. Name: ______

Title/Company: ______

Telephone: ______

Project Association: ______

REQUEST FOR PROPOSALS #1603-04 PAGE 22 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES SUPPLEMENTAL INFORMATION

Texas Government Code Section 2252.002 Non-resident bidders. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids/proposals the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

In order to make this determination, please answer the following questions:

1. Address and phone number of your principal place of business:

2. Name and address of principal place of business, and phone number of your company’s majority owner:

3. Name and address of principal place of business, and phone number of your company’s ultimate parent company:

REQUEST FOR PROPOSALS #1603-04 PAGE 23 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES MINORITY/WOMAN-OWNED BUSINESS PARTICIPATION

It is the policy of the City of Dickinson to involve small businesses and qualified minority/women-owned businesses to the greatest extent possible in the procurement of goods, equipment, services and construction projects. To assist us in our record keeping, please list below the names of the minority or woman-owned firms you would be utilizing in this bid, and note the monetary involvement:

NAME OF FIRM TELEPHONE # $ INVOLVEMENT

REQUEST FOR PROPOSALS #1603-04 PAGE 24 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

OFFICE USE ONLY

This questionnaire is being filed in accordance with Chapter 176 of the Local Date Received: Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with the City of Dickinson and the person meets the requirements under Section 176.006(a).

By law this questionnaire must be filed with the City Secretary of the City of Dickinson not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with the City of Dickinson.

2.  Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the City Secretary not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local government officer with whom filer has employment or other business relationship.

Name of Officer

This section must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of questionnaire? Yes ______No ______

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not from the City of Dickinson? Yes ______No ______

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes ______No ______

D. Describe each employment or business relationship with the local government officer named in this section.

______Signature of person doing business with the government entity Date

REQUEST FOR PROPOSALS #1603-04 PAGE 25 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES BIDDER REMINDER LIST:

REQUIRED DOCUMENTATION INCLUDED?

TWO (2) ORIGINALS AND FOUR (4) COPIES INCLUDED?

ALL BLANKS COMPLETED ON APPLICATION FORM, PRICING SCHEDULE FORM, AND OTHER REQUIRED DOCUMENTS AND SIGNED?

RESUME AND RECENT PROJECTS LIST?

COMPLETE SUPPLEMENTAL INFORMATION?

COMPLETE CONFLICT OF INTEREST QUESTIONNAIRE?

REQUEST FOR PROPOSALS #1603-04 PAGE 26 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

ATTACHMENT “A” – FORM CONTRACT

AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

§ AGREEMENT BETWEEN THE COUNTY OF GALVESTON § CITY OF DICKINSON, TEXAS § AND ______STATE OF TEXAS § FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES § RFP# 1603-04

This Agreement is made and entered into by and between the City of Dickinson, Texas, a municipal corporation situated in Galveston County, Texas (“The City”) and ______, the “Contractor” hereinafter identified.

WITNESSETH: WHEREAS, the City Council has found that construction management and inspection services are necessary for quality control and assurance, and

WHEREAS, the Contractor hereinafter identified desires to perform construction management and inspection services within the City upon the terms and conditions of this Agreement.

NOW THEREFORE, for and in consideration of the premises and covenants hereinafter set forth, the City and the Contractor mutually agree as follows:

I. SCOPE OF SERVICES

Services shall be provided in accordance with the Scope of Work identified in RFP# 1603-04, Construction Management and Inspection Services, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit “A”, and the Contractor's Proposal in response thereto, (hereinafter “Contractor’s Proposal”), a copy of which is attached hereto and incorporated herein for all purposes as Exhibit “B”. The Contract consists of the following:

(a) This Contract by and between the City and Contractor (hereinafter “Contract”); (b) RFP# 1603-04, Construction Management and Inspection Services, (Exhibit “A”); and (c) The Contractor's Proposal dated ______(Exhibit “B”).

In the event there exists a conflict between any of the terms, clauses, or phrases in the foregoing documents, priority of interpretation shall be in the following order: this Contract, RFP, and Contractor’s Proposal. These documents shall be referred to collectively as “Contract Documents.”

II. DURATION OF CONTRACT

This Contract shall commence upon the effective date and shall terminate two years after issuance date, unless terminated in accordance with the terms of this Agreement or extended by the City for one (1) additional two-year term.

III. COMPENSATION FOR SERVICES & PAYMENT

Compensation for Services provided hereunder shall be in an amount not to exceed Contractor’s rates therefore as contained in Contractor’s Proposal, attached hereto as Exhibit “B.” Such compensation for services as reflected in Exhibit “B” shall apply in the event that the Contract is renewed pursuant to the

REQUEST FOR PROPOSALS #1603-04 PAGE 27 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES provisions of Article 2 above.

Upon submission of an invoice by Contractor and verification of the charges submitted by City, the City shall remit payment within 30 days of receipt of the invoice.

IV. GENERAL PROVISIONS

4.1 Termination Without Cause. The City may terminate this Agreement, without cause, upon thirty days written notice to the Operator. The Operator may terminate this Agreement, without cause, upon thirty days written notice to the City.

4.2 Termination For Cause. This Agreement may be terminated immediately and without notice upon the occurrence of any of the following events:

(1) Any attempt by the Contractor to assign, subcontract, lease or sublet any obligation assumed hereunder unless the Operator has received prior written approval from the City therefore. (2) Failure to comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state or local. (3) Failure to comply with any term or condition of this Agreement.

4.3 Dispute Resolution. The parties agree that they shall first attempt to resolve disputes hereunder by the use of non-binding mediation.

4.4 Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall promptly remedy damages and loss to property caused in whole or in part by the Contractor, its employees, agents, subcontractors, or by any other third party for whose acts the Contractor may be liable.

4.5 Indemnification. The Operator is and shall be an independent contractor and shall not, with respect to its acts or omissions, be deemed an agent or employee of the City. The Operator shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney’s fees and expenses, in any way arising out of or resulting from the performance of this Agreement or caused by the negligent act or omission of the Operator, its officers, agents, employees, subcontractors, licensees, or invitees.

4.6 Severability. The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice.

4.7 Notices. Any notice that is required or permitted to be given by the City to the Contractor hereunder may be given by personal delivery, facsimile with confirming copy, or mailed to the Operator by certified U.S.P.S., return receipt requested, postage prepaid, addressed as follows:

REQUEST FOR PROPOSALS #1603-04 PAGE 28 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Any notice that is required or permitted to be given by the Contractor to the City hereunder may be given by personal delivery or mailed to the City by certified U.S.P.S., return receipt requested, postage prepaid, addressed as follows:

City of Dickinson Attn: City Administrator 4403 Highway 3 Dickinson, TX 77539

Notices mailed as above shall be deemed given on the third regular postal delivery day after the date of their deposit in the U.S.P.S. Notices delivered by personal delivery shall be deemed delivered given upon their delivery. Either party may change its address for notice upon written notice to the other party.

4.8 Entire Agreement. This Agreement, inclusive of the documents incorporated herein by reference or as exhibits hereto, constitutes the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, and it may be amended only by an instrument in writing executed by both parties.

4.9 No Assignment. The rights granted to the Operator and the obligations herein assumed by the Operator shall be personal to the Operator and shall only apply to the auto wrecker(s) identified in this Agreement. This Agreement shall terminate upon any attempted assignment, subcontract, lease or other subletting of any obligation assumed hereunder unless the Chief of Police has given prior written approval therefore.

4.10 Governing Law. The laws of the State of Texas and the Charter and Ordinances of the City shall govern the interpretation, validity, performance, and enforcement of this Agreement.

IN WITNESS WHEREOF, this Agreement is executed effective on this the _____ day of ______, 2016.

ATTEST: (if corporation) CONTRACTOR

By: ______

(Print or Type Name)

(Title)

CITY OF DICKINSON, TEXAS

By: City Administrator

ATTEST:

City Secretary

REQUEST FOR PROPOSALS #1603-04 PAGE 29 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

DIVIDER PAGE

CITY OF DICKINSON REQUEST FOR PROPOSALS #1603‐04 CONSTRUCTION MANAGEMENT & INSPECTION SERVICES Scoring Evaluation

Max Project Middleton Criteria AGCM Score Surveillance Brown

Years of relevant experience of firm or individual (10%) Consultant (team) has a qualified Project Manager. 15 15 9 14 Demonstrates an effective organizational structure. 15 15 10 14 Qualifications and relevant experience on similar projects (20%) Consultant (team) has successfully accomplished similar tasks in the past, and anticipates drawing on experiences to 60 60 25 60 enhance end products. Demonstrated ability to respond quickly based on references (20%) Demonstrates track record of timely performance, quality, and integrity, as evidenced by a list of client references. 60 58 40 58

Cost effectiveness (50%) (Completed by Finance) See Matrix Below 150 150.0 116.3 121.1 TOTAL SCORE 300 298.0 200.3 267.1

TITLES HOURLY RATES PROJECT MANAGER/INSPECTOR/FIELD REP Construction Project Manager $ 90.00 Senior Inspector $ 75.00 Construction Manager/Inspector $ 95.00 Assistant Construction Manager $ 65.00 Project Field Representative $ 65.00 Project Manager $ 75.00 AVERAGE HOURLY RATE $ 70.00 $ 80.00 $ 82.50 BASE SCORE (OVERALL MIN RATE/AVG RATE X 150) 150.0 131.3 127.3 OTHER Administration $ 45.00 Estimating Services $ 120.00 Project Principal $ 100.00 AVERAGE HOURLY RATE $ ‐ $ 110.00 $ 45.00 OVERHEAD/ADMIN POINTS DEDUCTED (MAX 15 POINTS) ‐ 15.0 6.1 TOTAL POINTS FOR COST EFFECTIVENESS PER EVALUATOR 150.0 116.3 121.1 Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC RESOLUTION NUMBER XXX-2016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND PROJECT SURVEILLANCE, INC. AS CONTRACTOR FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND On March 9, 2016, the City of Dickinson issued Request for Proposals #1603-04 for Construction Management & Inspection Services (“RFP”). Submissions were opened on March 23, 2016, and, in the previous agenda item, the City Council awarded RFP #1603-04 to Project Surveillance, Inc.

This agenda item approves an Agreement between City of Dickinson and Project Surveillance, Inc. for an amount not to exceed $25,000.

RECOMMENDATION Staff recommends approval of the Resolution.

ATTACHMENTS  Resolution Number XXX-2016  Agreement for Construction Management & Inspection Services

FUNDING ISSUES Not applicable Not budgeted - This proposal would be funded out of the

Street Maintenance Sales Tax Fund Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Stephanie Russell, Administrative Services Manager

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 RESOLUTION NUMBER XXX-2016

WHEREAS, the City Council has been presented a proposed Agreement by and between the City of Dickinson, Texas and Project Surveillance, Inc. as Contractor for Construction Management & Inspection Services (hereinafter called “Agreement”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference; and

WHEREAS, upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Administrator should be authorized to execute the Agreement and any and all documents necessary to effectuate such Agreement on behalf of the City of Dickinson.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes.

Section 3. The City Administrator is hereby authorized to execute the Agreement and empowered, for and on behalf of the City, to take all such actions and to execute, verify, acknowledge, certify to, file and deliver all such instruments and documents required in the Agreement as shall in the judgment of the City Administrator be appropriate in order to effect the purposes of the foregoing resolution and Agreement.

Section 4. This Resolution shall become effective immediately upon its passage.

DULY PASSED, APPROVED AND ADOPTED this the 12th day of April, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST: APPROVED AS TO FORM AND CONTENT:

______Alun Thomas, Interim City Secretary David W. Olson, City Attorney City of Dickinson, Texas City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page Solo EXHIBIT “A”

RESOLUTION XXX-2016 § AGREEMENT BETWEEN THE COUNTY OF GALVESTON § CITY OF DICKINSON, TEXAS § AND PROJECT SURVEILLANCE, INC. STATE OF TEXAS § FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES § RFP# 1603-04

This Agreement is made and entered into by and between the City of Dickinson, Texas, a municipal corporation situated in Galveston County, Texas (“The City”) and Project Surveillance, Inc., the “Contractor” hereinafter identified.

WITNESSETH: WHEREAS, the City Council has found that construction management and inspection services are necessary for quality control and assurance, and

WHEREAS, the Contractor hereinafter identified desires to perform construction management and inspection services within the City upon the terms and conditions of this Agreement.

NOW THEREFORE, for and in consideration of the premises and covenants hereinafter set forth, the City and the Contractor mutually agree as follows:

I. SCOPE OF SERVICES

II. DURATION OF CONTRACT

III. COMPENSATION FOR SERVICES & PAYMENT

Compensation for Services provided hereunder shall be in an amount not to exceed Contractor’s rates therefore as contained in Contractor’s Proposal, attached hereto as Exhibit “B” in an amount not to exceed $25,000.00. Such compensation for services as reflected in Exhibit “B” shall apply in the event that the Contract is renewed pursuant to the provisions of Article 2 above.

AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES PAGE 1 Upon submission of an invoice by Contractor and verification of the charges submitted by City, the City shall remit payment within 30 days of receipt of the invoice.

IV. GENERAL PROVISIONS

4.2 Termination For Cause. This Agreement may be terminated immediately and without notice upon the occurrence of any of the following events:

4.3 Dispute Resolution. The parties agree that they shall first attempt to resolve disputes hereunder by the use of non-binding mediation.

Project Surveillance, Inc. Judith Cunningham 9822 Whithorn Dr. Suite A Houston, TX 77095

AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES PAGE 2 City of Dickinson Attn: City Administrator 4403 Highway 3 Dickinson, TX 77539

4.9 No Assignment. The rights granted to the Contractor and the obligations herein assumed by the Contractor shall be personal to the Contractor and shall only apply to the Contractor identified in this Agreement. This Agreement shall terminate upon any attempted assignment, subcontract, lease or other subletting of any obligation assumed hereunder unless the City Administrator has given prior written approval therefore.

4.10 Governing Law. The laws of the State of Texas and the Charter and Ordinances of the City shall govern the interpretation, validity, performance, and enforcement of this Agreement.

4.11 Assigned Personnel. The Contractor shall assign one primary person for each position listed in Exhibit “B” to this contract. No change in assigned personnel may occur without prior approval from the City.

IN WITNESS WHEREOF, this Agreement is executed effective on this the _____ day of ______, 2016.

ATTEST: (if corporation) CONTRACTOR

By: ______

(Print or Type Name)

(Title)

CITY OF DICKINSON, TEXAS

By: Julie M. Robinson, City Administrator

ATTEST:

Alun Thomas, Interim City Secretary

AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES PAGE 3 Exhibit “A”

REQUEST FOR PROPOSALS CITY OF DICKINSON, TEXAS

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES REQUEST FOR PROPOSALS #1603-04

PROPOSAL OPENING DATE: MARCH 23, 2016

REQUEST FOR PROPOSALS #1603-04 PAGE 1 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES REQUEST FOR PROPOSALS #1603-04

TABLE OF CONTENTS

 Schedule Summary

 Invitation to Submit Proposals

 Scope of Services and Special Conditions

 Instructions to Respondents

 General Conditions of Bidding

 Application Form

 Pricing Schedule Form

 Supplemental Information / Minority/Woman-Owned Business Participation

 Conflict of Interest Questionnaire

 Bidder Reminder List

 Attachment “A” – Form Contract

REQUEST FOR PROPOSALS #1603-04 PAGE 2 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A”

PROPOSAL OPENING DATE: MARCH 23, 2016

REQUEST FOR PROPOSALS #1603-04 SCHEDULE SUMMARY

RFP Documents Released and Wednesday March 9, 2016 1st Legal Advertising for RFP

2nd Legal Advertising for RFP Wednesday March 16, 2016

Last day for inquiries and Friday March 18, 2016 clarifications

March 23, 2016 Deadline for Submission of 10:00 am Proposals Wednesday

Opening of Proposals 10:10 am

City Council Award of RFP Tuesday April 12, 2016

Note: This schedule is preliminary and may be modified at the discretion of the owner.

REQUEST FOR PROPOSALS #1603-04 PAGE 3 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A”

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES INVITATION TO SUBMIT PROPOSALS

PROPOSALS WILL BE PUBLICLY OPENED AND READ AT THE DICKINSON CITY HALL LOCATED AT 4403 STATE HIGHWAY 3, DICKINSON, TEXAS 77539 ON WEDNESDAY, MARCH 23, 2016, AT 10:10 A.M.

1st Advertisement: Galveston Daily News, March 9, 2016

2nd Advertisement: Galveston Daily News, March 16, 2016

REQUEST FOR PROPOSALS #1603-04 PAGE 4 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES SCOPE OF SERVICES AND SPECIAL CONDITIONS

I. BACKGROUND

. Facilitate construction and completion of street projects and . Ensure quality assurance in compliance with construction standards.

II. SCOPE OF WORK

REQUEST FOR PROPOSALS #1603-04 PAGE 5 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” 3. Perform periodic digital video and still photography of the progress of the project. Said photography must show date of the events and conditions being recorded. All non-compliance issues as well as any other site condition requested by City staff shall be photographed. 4. Coordinate, review and approve the Contractor's proposed Critical Path Method (CPM) schedule for completion of the project. 5. Review contractor's schedule update submittals for conformance to master schedule and contract documents. 6. Conduct pre-construction. Schedule and conduct bi-weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Prepare and promptly distribute minutes. 7. Establish and implement procedures for review and processing of all project documentation. Facilitate engineer review of contractor submitted questions or product information. 8. Oversee Quality Assurance of the construction activities to conform to plans and specifications. Monitor contractor work performance for deficiencies and recommend any special testing needed. 9. Perform all special inspections required for project. 10. Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawing and correspondence in electronic form and hard copy. 11. Maintain at the project site in an "as current" basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction. 12. Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond within contract time frames. 13. Receive contractor payment application, review for accuracy (amount due, certified payroll, appropriate rate, etc.) and circulate to engineer and Public Works Director for their review, signature and approval. 14. Maintain a daily log containing a record of weather, contractors, work on site, number of workers, work accomplished, problems encountered, solutions agreed upon, and other similar relevant data as the City may require. 15. Monitor and endeavor to ensure the establishment and implementation of appropriate safety programs by the Contractor. 16. Review and evaluate the appropriateness of all proposed change orders; advise the City as to their effect on the contract time and cost; perform independent estimates of proposed change order work when necessary or when directed by the City. Negotiate change orders and recommend approval or denial by the City. D. Construction Completion and Closeout 1. Compile detailed "punch lists" with the Engineer. 2. Coordinate closeout procedures. Monitor the Contractor's, the subcontractors', and Architect's progress to finalize all project records, complete and correct as-builts, and other documentations required by the Director of Public Works. 3. Oversee the complete performance of all punch list items and final clean-up before contractor moves off site. 4. Obtain from contractor all record (as built) drawings; O & M materials, attic stock, contract required documents, lien releases, and written warrantees. Review and circulate to City for final acceptance. 5. Coordinate final testing, documentation and regulatory inspections.

REQUEST FOR PROPOSALS #1603-04 PAGE 6 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” 6. Advise on substantial and final completion and any liquidated damages. 7. Advise on final payment. 8. Provide City with complete project documentation for permanent records/storage. 9. Evaluate any contractor claim, negotiate and resolve claim issues. Recommend approval or denial by the City. 10. Establish a warranty process and schedule warranty walks as applicable for a period of twenty-four (24) months following the date of final acceptance of the Work by the City. 11. Oversee the complete performance of all warranty repair items. E. The following conditions are also applicable duties and responsibilities of the Contractor: a. Observe the Work. The Contractor shall observe the work for conformance with the approved (stamped) design drawings and specifications. Architect/Engineer-reviewed shop drawings may be used only as an aid to inspection. Inspections are to be performed on a continuous basis, meaning that the Contractor is on site in the general area at all times observing the work requiring inspection. b. Report Nonconforming Items. The Contractor shall bring nonconforming items to the immediate attention of the Construction Superintendent and note all such items in the daily report. If any item is not resolved in a timely manner or is about to be incorporated into the work, the Contractor shall immediately notify the Public Works Director by telephone or in person. c. Furnish Daily Reports. Complete and sign both the inspection record and the daily report from for each day’s inspections. These records shall remain at the jobsite with the Contractor for review by the Public Works Director. d. Furnish Weekly Reports. The Contractor shall furnish weekly reports of tests and inspections directly to the Public Works Director and others as designated. These reports must include the following: (1) Description of daily inspections and tests made with applicable locations; (2) Listing of all nonconforming items; (3) Report on how nonconforming items were resolved or unresolved as applicable; and, (4) Itemized changes authorized by the engineer and Public Works Director if not included in nonconformance items. All Reports and information provided to or developed by the Contractor shall be considered to be the confidential property of the City, and Contractor shall distribute or disclose such reports and information only to those persons, organizations or agencies specifically designated in writing by the City or its authorized representative. e. Retain Records. Contractor shall retain all pertinent records relating to the services performed for a period of six years following project completion during which period the records will be made available to the City at all reasonable times. The selected respondents will be required, at a minimum, to comply with the terms and conditions set forth in this Request for Proposals (“RFP”) and to provide such services in compliance with all local, state, and federal regulations. The selected respondents shall also execute an Agreement with the City, the form of which is provided at the end of this RFP. Any contract awarded in response to this RFP will be for a two (2) year period. The City shall have the option to renew the contract for one (1) additional two (2) year term upon approval by the City Council.

REQUEST FOR PROPOSALS #1603-04 PAGE 7 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” A. Minimum Qualifications.

B. Demonstrated Qualifications and Project Experience.

This section should establish the ability of the Contractor to satisfactorily perform the required work. Provide examples of similar project experience; municipal experience, preferred.

At a minimum, provide the following information for each project listed:

a. Company Name, contact person, including telephone number, email addresses

b. Project name and location

c. Project Owner, title and current phone number

d. Project cost or contract value

e. Project size (square feet or linear feet);

f. Description of the project, scope of services, describing your experience, and work performed by your firm

g. Names of consultant firms, if any, and their areas of expertise

h. Description of how this project is similar and why the services provided are relevant to this project

i. Period of time for which work was performed

C. References.

REQUEST FOR PROPOSALS #1603-04 PAGE 8 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES INSTRUCTIONS TO BIDDERS/PROPOSERS

All bids/proposals/proposals must be submitted in a sealed envelope and must contain the following:

3. DELIVERY OF BIDS/PROPOSALS/PROPOSALS

REQUEST FOR PROPOSALS #1603-04 PAGE 9 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” Bids/proposals received prior to the time of the opening will be kept securely unopened. Bids/proposals received after the time specified in the Invitation to Bid shall be considered late and shall be returned unopened. The person whose duty it is to open the bids/proposals will decide when the specified time has arrived for the opening of the bids/proposals. No responsibility will be attached to an officer of the City for the premature opening of a bid not properly addressed and identified. No oral, telegraphic, telephonic, e-mailed or facsimile bids/proposals will be considered.

6. DISQUALIFICATIONS OF BIDDERS The bidders may be disqualified and their bids/proposals not considered for the following reasons, including, but not limited to:

REQUEST FOR PROPOSALS #1603-04 PAGE 10 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A”

Years of relevant experience of firm or individual: 10%

Qualifications and relevant experience on similar projects: 20%

Demonstrated ability to respond quickly based on references: 20%

Cost effectiveness: 50%

The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder.

REQUEST FOR PROPOSALS #1603-04 PAGE 11 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES GENERAL CONDITIONS OF BIDDING

Upon award of bid, the specifications and provisions of this bid document shall constitute a contract between the City of Dickinson and the successful bidder.

BIDDING

2. ERROR-QUANTITY: Bids/proposals must be submitted on units of quantity specified, extended, and show total. In the event of discrepancies in extension, the unit prices shall govern.

5. CORRESPONDENCE: The bid number assigned to this Project must appear on ALL correspondence, inquiries, bid submittal documents, etc. pertaining to this Invitation for Bid.

REQUEST FOR PROPOSALS #1603-04 PAGE 12 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” 8. INQUIRIES: Any inquiries concerning the bid documents shall be addressed to Stephanie Russell, Administrative Services, by telephone 281-337-8839 or e-mail [email protected]. Any attempt on the part of a bidder or his representative to contact an elected official of the City regarding this bid or its award will disqualify the bidder.

PERFORMANCE

The City may request representation and other information sufficient to determine bidder’s ability to meet these minimum standards listed above.

10. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City.

11. PATENT RIGHTS: The Bidder agrees to indemnify and hold the City and/ harmless from any claim involving patent right infringement or copyrights on goods or services supplied.

12. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Dickinson.

PURCHASE ORDERS AND PAYMENT

REQUEST FOR PROPOSALS #1603-04 PAGE 13 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A”

17. INVOICES: Invoices, if applicable, must be submitted by the successful bidder in duplicate to the City of Dickinson, Attn: Accounts Payable, 4403 State Highway 3, Dickinson, Texas 77539.

CONTRACT

REQUEST FOR PROPOSALS #1603-04 PAGE 14 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” the Proposer to sign the Contract documents and to provide the required Performance and Payment Bonds, as appropriate, and provide evidence of insurance as required under the Contract documents. No work shall commence until the Contract documents are signed.

After the Contract is signed, the City will not make allowances for any failures by the designated Contractor, which affect the ability to provide services explicitly included in the Contract.

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney.

28. AUDIT: The City reserves the right to audit the records and performance of successful bidder during the term of the contract and for three (3) years thereafter.

REQUEST FOR PROPOSALS #1603-04 PAGE 15 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” which may be obtained against the City and/ and participating entities growing out of such injury or damages.

33. VENUE: This contract will be governed and construed according to the laws of the State of Texas. This contract is performable in Galveston County, Texas.

REQUEST FOR PROPOSALS #1603-04 PAGE 16 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” 37. FELONY CRIMINAL CONVICTIONS: The bidder represents and warrants that neither the bidder nor the bidder’s employees have been convicted, or have a pending felony criminal offense, or that, if such a conviction has occurred, the bidder has fully advised the City of Dickinson as to the facts and circumstances surrounding the conviction.

REQUEST FOR PROPOSALS #1603-04 PAGE 17 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” APPLICATION City of Dickinson Request for Proposals #1603-04 Construction Management & Inspection Services

RESPONDENT NAME: ______(Give exact legal name as it will appear on the contract, if awarded.)

PRINCIPAL ADDRESS: ______

CITY: ______STATE: ______ZIP: ______

TELEPHONE NO. ______FAX NO. ______

EMAIL ADDRESS: ______

PRINTED NAME OF PERSON TO SIGN CONTRACT: ______

CONTACT INFORMATION: List the one person who the City may contact concerning this proposal or setting dates for meetings.

NAME: ______

ADDRESS: ______

CITY: ______STATE: ______ZIP: ______

TELEPHONE NO. ______FAX NO. ______

EMAIL ADDRESS: ______IS RESPONDENT AUTHORIZED AND/OR LICENSED TO DO BUSINESS IN TEXAS?  YES  NO IF “NO”, PROVIDE EXPLANATION: ______

REQUEST FOR PROPOSALS #1603-04 PAGE 18 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” HAS THIS RESPONDENT OR ANY OF ITS PRINCIPALS BEEN SUSPENDED FROM CONTRACTING WITH ANY PUBLIC ENTITY?

HAS THE RESPONDENT EVER BEEN DECLARED BANKRUPTCY OR FILED FOR PROTECTION FROM CREDITORS UNDER STATE OR FEDERAL PROCEEDINGS?

 YES  NO IF “YES,” STATE THE DATE, COURT, JURISDICTION, AND CAUSE NUMBER OF ANY SUCH PROCEEDING:

IS RESPONDENT THE RESPONDENT CURRENTLY INVOLVED IN ANY LITGATION?

 YES  NO IF “YES,” PROVIDE EXPLANATION:

PROVIDE ANY OTHER NAMES UNDER RESPONDENT HAS OPERATED IN THE LAST 10 YEARS:

The undersigned certifies that (s)he is authorized to submit this Proposal on behalf of the entity named below:

______Responding Entity Name

By: ______

Printed Name: ______

Title: ______

Date: ______

If this proposal is submitted by a Co-Respondent, an authorized signature from a representative of each Co- Respondent is required. Add additional signature pages as required.

REQUEST FOR PROPOSALS #1603-04 PAGE 19 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” By signing above, Respondent(s) agrees to the following:

3. If awarded a contract in response to this RFP, Respondent will be able and willing to comply with the insurance and indemnification requirements set for in the Agreement made a part of the RFP;

4. If awarded a contract in response to this RFP, Respondent will be able and willing to comply with all representations made by Respondent in Respondent’s Proposal; and

REQUEST FOR PROPOSALS #1603-04 PAGE 20 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES PRICING SCHEDULE FORM

Average estimated number of hours per week is approximately 20 hours dependent on the construction schedule.

Title Hourly Rate

REQUEST FOR PROPOSALS #1603-04 PAGE 21 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REFERENCES A list of at least three (3) references including names, positions and telephone numbers for the individuals identified in the qualifications. Note: If the telephone numbers are incorrect the firm will receive zero points for that reference.

1. Name: ______

Title/Company: ______

Telephone: ______

Project Association: ______

2. Name: ______

Title/Company: ______

Telephone: ______

Project Association: ______

3. Name: ______

Title/Company: ______

Telephone: ______

Project Association: ______

REQUEST FOR PROPOSALS #1603-04 PAGE 22 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES SUPPLEMENTAL INFORMATION

In order to make this determination, please answer the following questions:

1. Address and phone number of your principal place of business:

2. Name and address of principal place of business, and phone number of your company’s majority owner:

3. Name and address of principal place of business, and phone number of your company’s ultimate parent company:

REQUEST FOR PROPOSALS #1603-04 PAGE 23 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES MINORITY/WOMAN-OWNED BUSINESS PARTICIPATION

NAME OF FIRM TELEPHONE # $ INVOLVEMENT

REQUEST FOR PROPOSALS #1603-04 PAGE 24 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

OFFICE USE ONLY

Name of Officer

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of questionnaire? Yes ______No ______

D. Describe each employment or business relationship with the local government officer named in this section.

______Signature of person doing business with the government entity Date

REQUEST FOR PROPOSALS #1603-04 PAGE 25 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A”

REQUEST FOR PROPOSALS #1603-04 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES BIDDER REMINDER LIST:

REQUIRED DOCUMENTATION INCLUDED?

TWO (2) ORIGINALS AND FOUR (4) COPIES INCLUDED?

ALL BLANKS COMPLETED ON APPLICATION FORM, PRICING SCHEDULE FORM, AND OTHER REQUIRED DOCUMENTS AND SIGNED?

RESUME AND RECENT PROJECTS LIST?

COMPLETE SUPPLEMENTAL INFORMATION?

COMPLETE CONFLICT OF INTEREST QUESTIONNAIRE?

REQUEST FOR PROPOSALS #1603-04 PAGE 26 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” ATTACHMENT “A” – FORM CONTRACT

AGREEMENT FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

§ AGREEMENT BETWEEN THE COUNTY OF GALVESTON § CITY OF DICKINSON, TEXAS § AND ______STATE OF TEXAS § FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES § RFP# 1603-04

WITNESSETH: WHEREAS, the City Council has found that construction management and inspection services are necessary for quality control and assurance, and

WHEREAS, the Contractor hereinafter identified desires to perform construction management and inspection services within the City upon the terms and conditions of this Agreement.

NOW THEREFORE, for and in consideration of the premises and covenants hereinafter set forth, the City and the Contractor mutually agree as follows:

I. SCOPE OF SERVICES

II. DURATION OF CONTRACT

III. COMPENSATION FOR SERVICES & PAYMENT

REQUEST FOR PROPOSALS #1603-04 PAGE 27 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A” provisions of Article 2 above.

Upon submission of an invoice by Contractor and verification of the charges submitted by City, the City shall remit payment within 30 days of receipt of the invoice.

IV. GENERAL PROVISIONS

4.2 Termination For Cause. This Agreement may be terminated immediately and without notice upon the occurrence of any of the following events:

4.3 Dispute Resolution. The parties agree that they shall first attempt to resolve disputes hereunder by the use of non-binding mediation.

REQUEST FOR PROPOSALS #1603-04 PAGE 28 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “A”

City of Dickinson Attn: City Administrator 4403 Highway 3 Dickinson, TX 77539

4.10 Governing Law. The laws of the State of Texas and the Charter and Ordinances of the City shall govern the interpretation, validity, performance, and enforcement of this Agreement.

IN WITNESS WHEREOF, this Agreement is executed effective on this the _____ day of ______, 2016.

ATTEST: (if corporation) CONTRACTOR

By: ______

(Print or Type Name)

(Title)

CITY OF DICKINSON, TEXAS

By: City Administrator

ATTEST:

City Secretary

REQUEST FOR PROPOSALS #1603-04 PAGE 29 CITY OF DICKINSON CONSTRUCTION MANAGEMENT & INSPECTION SERVICES

Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Exhibit “B” Dickinson City Council Agenda Item Data Sheet

MEETING DATE April 12, 2016

TOPIC: Resolution Number XXX-2016

A RESOLUTION DECLARING THE INTENTION OF THE CITY OF DICKINSON, TEXAS, TO ANNEX CERTAIN TERRITORY; DESCRIBING SUCH TERRITORY; SETTING THE DATES, TIMES, AND PLACES FOR TWO PUBLIC HEARINGS AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR PUBLICATION OF NOTICES OF SUCH PUBLIC HEARINGS; AND DIRECTING PREPARATION OF A MUNICIPAL SERVICE PLAN FOR THE TERRITORY PROPOSED TO BE ANNEXED.

BACKGROUND: This Resolution is the first step in outlining the schedule to be adhered to during the annexation of certain territory by the City. The territory as a whole is shown in Exhibit A attached to the Resolution. The Resolution outlines and sets the dates, time and place of two public hearings on the proposed annexation. In addition, it directs staff to prepare a municipal service plan for the proposed area of annexation so that it can be made available at the time of the first public hearing.

RECOMMENDATION: Staff recommends approval of the Resolution.

ATTACHMENTS:  Resolution Number XXX-2016

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted.

Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 RESOLUTION XXX-2016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, DECLARING THE INTENTION OF THE CITY OF DICKINSON, TEXAS, TO ANNEX CERTAIN TERRITORY; DESCRIBING SUCH TERRITORY; SETTING THE DATES, TIMES, AND PLACES FOR TWO PUBLIC HEARINGS AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR PUBLICATION OF NOTICES OF SUCH PUBLIC HEARINGS; AND DIRECTING PREPARATION OF A MUNICIPAL SERVICE PLAN FOR THE TERRITORY PROPOSED TO BE ANNEXED.

* * * * *

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS:

Section 1. The City Council of the City of Dickinson, Texas (the “City”), hereby declares its intention to annex certain territory, generally described as:

1. ABST 19 PERRY & AUSTIN SUR PT OF LOT 122 (122-2) DICKINSON

ADDN B

2. ABST 19 PERRY & AUSTIN SUR REMAINING PTS OF LOT 122 (122-0)

DICKINSON ADDN B 0.133 ACRS

3. ABST 19 PERRY & AUSTIN SUR REMAINING PTS OF LOT 122 (122-0)

DICKINSON ADDN B 0.133 ACRS

4. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-3) ADDN B

DICKINSON

5. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-4) ADDN B

DICKINSON

6. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-5) ADDN B

DICKINSON

7. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-1) DICKINSON

ADDN B

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 1 8. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-6) ADDN B

DICKINSON

9. ABST 19 PERRY & AUSTIN SUR REMAINING PTS OF LOT 122 (122-0)

DICKINSON ADDN B 0.133 ACRS

10. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-2) ADDN B

DICKINSON

11. ABST 19 PERRY & AUSTIN PT OF LOTS 122, 123, & 124 (124-2)

DICKINSON ADDN B

12. ABST 19 PERRY & AUSTIN LOT 1 TO 12 BLK 244 DICKINSON

13. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-7) DICKINSON

ADDN B

14. ABST 19 PERRY & AUSTIN LOT 1 TO 12 BLK 214 DICKINSON MH

1996 BUCCANEER 26X52 BLU LBL# NTA555275/6

15. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-8) DICKINSON

ADDN B

16. ABST 19 PERRY & AUSTIN LOT 1 TO 12 BLK 243 DICKINSON

17. ABST 19 PERRY & AUSTIN SUR PT OF LOT 123 (123-9) DICKINSON

ADDN B

18. ABST 19 PERRY & AUSTIN SUR PT OF LOTS 123 & 124 (123-10)

DICKINSON ADDN B

19. ABST 19 PERRY & AUSTIN PT OF LOT 124 (124-1) ADDN B

20. ABST 19 PERRY & AUSTIN LOTS 1 THUR 12 BLK 184 DICKINSON

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 2

21. ABST 19 PERRY & AUSTIN SUR PT OF LOT 124 (124-5) DICKINSON

ADDN B

22. ABST 19 PERRY & AUSTIN SUR UND INT LOTS 1 THRU 12 BLK 213

DICKINSON

23. ABST 19 PERRY & AUSTIN SUR PT OF LOT 124 (124-0) DICKINSON

ADDN B

24. ABST 19 PAGE 25 LOTS 1 THRU 6 & 10 THRU 12 BLK 242 DICKINSON

25. ABST 19 PERRY & AUSTIN SW PT OF LOT 124 (124-3) DICKINSON

ADDN B

26. ABST 19 PERRY & AUSTIN SUR PT OF LOT 124 (124-6) DICKINSON

ADDN B

27. ABST 19 PERRY & AUSTIN LOT 1 TO 12 BLK 154 DICKINSON MH

PALM HARBOR GOLD LABEL #PFS0614305/306, SERIAL

#PH175210A/B 28X60 1999.

28. ABST 19 PAGE 25 LOTS 7,8 & 9 BLK 242 DICKINSON

29. ABST 19 PERRY & AUSTIN LOT 1 TO 12 BLK 183 DICKINSON

30. ABST 19 PERRY & AUSTIN PT OF LOT 124 (124-4) DICKINSON ADDN

31. ABST 19 PERRY & AUSTIN SUR UND INT LOTS 1 THRU 12 BLK 212

DICKINSON

32. ABST 19 PERRY & AUSTIN LOT 12 BLK 241 DICKINSON

33. ABST 19 PERRY & AUSTIN LOT 11 BLK 241 DICKINSON

34. ABST 19 PERRY & AUSTIN LOT 10 BLK 241 DICKINSON

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 3

35. ABST 19 PAGE 25 LOTS 1 THRU 6 BLK 241 DICKINSON

36. ABST 19 PAGE 25 LOTS 7 THRU 12 BLK 153 DICKINSON MH 1999

SUNSHINE 28x64 WHT/MAROON

37. ABST 19 PERRY & AUSTIN LOT 9 BLK 241 DICKINSON

38. ABST 19 PERRY & AUSTIN LOTS 7 & 8 BLK 241 DICKINSON

39. ABST 19 PAGE 25 LTS 1-12 (1-5) BLK 182 DICKINSON TOWNSITE MH

1997, 28X77 MASTERPIECE, LABELS- PFS444434, PFS444435,

40. ABST 19 PERRY & AUSTIN NW 10FT LT 5 & ALL LT 6 BLK 153

DICKINSON

41. ABST 19 PAGE 25 W 1/2 OF LOT 3 & ALL OF LOTS 4 THRU 6 & W 1/2

OF LOT 9 & ALL OF LOTS 10 THRU 12 BLK 211 DICKINSON

42. ABST 19 PERRY & AUSTIN LOT 4 & PT OF 3 & 5 (3-1) BLK 153

DICKINSON

43. ABST 19 PERRY & AUSTIN N 40 FT LOT 2 & S 20 FT LOT 3 BLK 153

DICKINSON

44. ABST 19 PAGE 25 LOTS 7 & 8 & E 1/2 OF LOT 9 BLK 211 DICKINSON

45. ABST 19 PERRY & AUSTIN LOT 1 & S 10 FT LOT 2 BLK 153

DICKINSON

46. ABST 19 PAGE 25 LOTS 10 THRU 12 BLK 152 DICKINSON TOWNSITE

47. ABST 19 PAGE 25 LOTS 1 THRU 12 (1-0) BLK 181 DICKINSON MH

LABEL# PFS667922 GALAXY 2000 28X76 BLU/WHT

48. ABST 19 SE 1/2 OF LOT 3 (3-1) BLK 211 DICKINSON TOWNSITE

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 4

49. ABST 19 NW 1/2 OF LOT 2 (2-1) BLK 211 DICKINSON TOWNSITE MH

SERIAL #SCAR29468036241 GOLDSTAR 16X80 ARK 043780 TAN/BRN

50. ABST 19 PERRY & AUSTIN LOT 6 & N 10 FT LOT 5 BLK 152

DICKINSON

51. ABST 19 PERRY & AUSTIN LOT 1 & E 1/2 OF LOT 2 BLK 211

DICKINSON

52. ABST 19 PAGE 24 LOT 9 BLK 152 DICKINSON TOWNSITE

53. ABST 19 PERRY & AUSTIN N 20 FT LOT 4 & S 40 FT LOT 5 BLK 152

DICKINSON

54. ABST 19 PAGE 24 LOTS 7 & 8 BLK 152 DICKINSON TOWNSITE.

55. ABST 19 PERRY & AUSTIN N 30 FT LOT 3 & S 30 FT LOT 4 BLK 152

DICKINSON

56. ABST 19 PERRY & AUSTIN LOTS 7 & 8 (7-1) BLK 2 COUNTRY PLACE

57. ABST 19 PERRY & AUSTIN N 40 FT LOT 2 & S 20 FT LOT 3 BLK 152

DICKINSON***DEFERRAL***

58. ABST 19 PERRY & AUSTIN LOT 1 & S 10FT OF LOT 2 BLK 152

DICKINSON

59. ABST 19 PERRY & AUSTIN SUR LOTS 4 THRU 6 & LOTS 10 THRU 12

(5-2) BLK 151 DICKINSON

60. ABST 19 PERRY & AUSTIN LOT 6 BLK 2 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

61. ABST 19 PERRY & AUSTIN LOT 15 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 5

62. ABST 19 PERRY & AUSTIN LOT 5 BLK 2 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

63. ABST 19 PERRY & AUSTIN LOT 14 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

64. ABST 19 PERRY & AUSTIN SUR LOTS 3 & 4 BLK 2 COUNTRY PLACE

OUT LOT 24 NICHOLS ADDN

65. ABST 19 PAGE 32 PT LOT 24 (24-2) NICHOLS ADDN DICKINSON

66. ABST 19 PERRY & AUSTIN SUR LOTS 1 THRU 3 & LOTS 7 THRU 9 (1-

1) BLK 151 DICKINSON TOWNSITE

67. ABST 19 PERRY & AUSTIN LOT 13 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

68. ABST 19 PERRY & AUSTIN LOT 12 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

69. ABST 19 PERRY & AUSTIN E 235 FT LOT 13 NICHOLS ACS 3.560 DIM

235 X 660 N-235-DEATS RD

70. ABST 19 PERRY & AUSTIN LOT 2 BLK 2 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

71. ABST 19 PERRY & AUSTIN LOT 11 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

72. ABST 19 PERRY & AUSTIN LOT 1 BLK 2 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

73. ABST 19 PERRY & AUSTIN LOT 10 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 6

74. ABST 19 PERRY & AUSTIN LOT 9 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

75. ABST 19 PERRY & AUSTIN SUR MIDDLE 3.561 ACS OF LOT 13 (13-1)

NICHOLS ADDN

76. ABST 19 PERRY & AUSTIN LOT 8 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

77. ABST 19 PERRY & AUSTIN LOT 5 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

78. ABST 19 PERRY & AUSTIN LOT 7 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

79. ABST 19 PERRY & AUSTIN LOT 6 BLK 1 COUNTRY PLACE OUT LOT

24 NICHOLS ADDN

80. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-9) NICHOLS ADDN

81. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-6) NICHOLS ADDN

MH 1998 18X76 PALM LABEL# PFS480923 GRY/WHT

82. ABST 19 PAGE 32 PART OF LOT 13 (13-5) NICHOLS ADDN

83. ABST 19 PAGE 32 PT OF LOT 13 (13-7) NICHOLS ADDN MH 1974

14X68 GREY/WHITE.

84. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-12) NICHOLS

ADDN

85. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-11) NICHOLS

ADDN

86. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-8) NICHOLS ADDN

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 7

87. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-4) NICHOLS ADDN

MH WINGATE SER # TXFL1AC238600169 LABEL # TEX0215193

88. ABST 19 PERRY & AUSTIN SUR PT OF LOT 13 (13-10) NICHOLS

ADDN MH ROSECREEK SER # HCTXSN8664 LABEL # TEX0431048 and more particularly described and shown in Exhibit "A," attached hereto and made a part hereof, by passage of an ordinance of annexation extending the general corporate limits of the City for all purposes to include such territory.

Section 2. The City Council of the City hereby calls two public hearings at which all interested persons shall have the right and opportunity to appear and be heard upon such proposal to annex the territory described above. The first public hearing shall be held in the City Council Chambers in Dickinson City Hall, located at 4403 Highway 3, Dickinson, Texas, at 7:00 p.m. on Tuesday, May 24, 2016. The second public hearing shall be held in the City Council Chambers in Dickinson City Hall, located at 4403 Highway 3, Dickinson, Texas, at 7:00 p.m. on Tuesday, June 14, 2016. The annexation proceeding, of which notice of intention to annex is given by this Resolution, shall be instituted not less than twenty (20) days nor more than forty (40) days subsequent to such public hearings.

Section 3. City Staff is hereby directed to cause notices of such public hearings to be given by publication in a newspaper having general circulation within the City and within the territory proposed to be annexed, the publication of notice of each public hearing to be made at least once in such newspaper not more than twenty (20) days nor less than ten (10) days prior to the day of that public hearing.

Section 4. City Staff is hereby directed to cause to be prepared a service plan that provides for extension of municipal services to the territory that is proposed to be annexed. The proposed service plan shall be made available for public inspection and shall be explained to the inhabitants of the territory at the public hearings called herein. Such service plan shall be prepared in accordance with the provisions of Chapter 43 of the Texas Local Government Code.

Section 5. For all tracts within the territory appraised for ad valorem purposes as land for agricultural or wildlife management use or timber land, the City Administrator is authorized to offer and negotiate a development agreement containing the statutory requirements of Texas Local Government Code § 43.035, subject to final approval by the City Council. ______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 8

DULY PASSED AND APPROVED this ______day of ______, 2016.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun Thomas, Interim City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David W. Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 9

EXHIBIT “A” Map Of Territory To Be Annexed

______CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2016 Page 10

EXECUTIVE SESSION

RECESS TIME:______

RECONVENE

TIME:______ITEM 15 NOTES:______

ADJOURN

TIME:______MOTION:______SECOND:______VOTE______

STAFF REPORTS

MEMORANDUM

TO: Honorable Mayor and Council Members

FROM: Stephanie Russell, Administrative Services Manager

CC: Julie M. Robinson, City Administrator

DATE: April 5, 2016

SUBJECT: Administrative Services Staff Report – March 2016 ______

NEW PROJECTS

Dickinson Chamber of Commerce Open House – City Administrator Julie Robinson, Economic Development Coordinator Angela Forbes, Interim City Secretary Alun Thomas, and Administrator Services Manager Stephanie Russell attended the Dickinson Chamber’s open house ceremony on March 31, 2016.

Dickinson Rotary Meeting – City Administrator Julie Robinson, Economic Development Coordinator Angela Forbes, Interim City Secretary Alun Thomas, Management Intern Paul O’Brien, and Administrator Services Manager Stephanie Russell attended the March 23, 2016 Dickinson Rotary meeting. The main presentation was made by Texas Secretary of State Carlos Humberto Cascos.

DISD Breakfast – Council Members Charles Suderman and William King, City Administrator Julie Robinson, Administrative Services Manager Stephanie Russell, and Director of Community Development Zach Meadows attended a presentation by Superintendent Vicki Mims concerning the state of Dickinson Independent School District on March 22, 2016.

Joint Galveston County and Harris County Mayors and Councilmembers Associations Meeting – Council Members Wally Deats, Louis Decker, Walter Wilson, City Administrator Julie Robinson, and Administrative Services Manager Stephanie Russell attended the March 17, 2016 joint meeting held in Webster. During the meeting, Quincy Allen, P.E., new district engineer for TxDOT's Houston District, gave a presentation regarding current and future TxDOT projects.

______MEMORANDUM Page 1

Health Insurance Plan for 2016-2017 – On March 29, 2016 City Administrator Julie Robinson and Administrative Services Manager Stephanie Russell met with Bob Treacy, Arthur J. Gallagher & Co., regarding 2016-2017 healthcare plan options. Mr. Treacy will be developing new options for the new plan year to offer employees more choices while maintaining the City’s contribution costs.

Interviews for Director of Public Works – During the month of March, two rounds of interviews were conducted for the new Public Works Director. As a result of the interviews, Paul Booth has been hired as the City’s new Director of Public Works starting on Monday, April 18, 2016. Mr. Booth comes to Dickinson from the City of Galveston Public Works Department where he has been for the last 9 years in different capacities. He will be working with Mr. George over the next several weeks to begin the transition.

2016 Red, White & Bayou – Staff held an initial planning meeting on March 23, 2016 in preparation for the 2016 event.

RFP for Construction Management and Inspection Services – On March 9, 2016, the City issued Request for Proposals #1603-04 for Construction Management & Inspection Services. Submissions were opened on March 23, 2016, and the recommended contractor will be presented to Council for award in April.

Training Events – City Administrator Julie Robinson, Administrative Services Manager Stephanie Russell, Management Assistant Alun Thomas, along with several other staff members across several departments, continued to participate in the six part series webinar through ICMA entitled “Effective Supervisory Practices.”

ONGOING/COMPLETED PROJECTS

Animal Services – City Administrator Julie Robinson and Administrative Services Manager Stephanie Russell continued to work with the Cities of Santa Fe and Clear Lake Shores to address issues related to Animal Services in March. Mrs. Robinson and City Attorney David Olson continued to work through the process of formalizing Bayou Animal Services, including the creation of the Local Government Corporation for the service which was approved by Council during the February 23, 2016 Council meeting. Until Bayou Animal Services is formalized, all finances are currently being centralized through the City of Dickinson. An Interlocal Agreement for backup sheltering with the City of Alvin has been approved by all of the cities involved. On March 8 Council established and made appointments to an Animal Advisory Committee. Additionally in March, Mrs. Robinson continued to work with Patrick Restivo on a lease for the facility at 3811 Dickinson Avenue that will run from March through September of 2016 to allow for the continued use of that facility for the animal shelter and to house Bayou Animal Services. This agreement was executed at the end of March and will be on the Council agenda for April 12 for ratification by the Council. Beginning in May, the Cities and Mr. Restivo will be negotiating either a long-term lease or lease-purchase agreement. ______MEMORANDUM Page 2

During the month of March, Bayou Animal Services responded to 74 Calls for Service and 47 impoundments for the City of Dickinson. Additionally, the shelter had 50 adoptions and 2 euthanasias.

Asset Management Program – Management Assistant and Interim City Secretary Alun Thomas has completed the asset inventory for the Fire Marshal’s Office and is currently completing the asset inventory for Community Development. He will complete the asset inventory for Finance and Administration this month. The City-wide inventory for the Asset Management Program is scheduled to be completed by the end of August 2016.

Comprehensive Plan – City Administrator Julie Robinson and Director of Community Development Zachary Meadows workshopped the Transportation Chapter, including the Future Thoroughfare Plan, with the Council in March, and the Transportation Chapter was approved on first reading on March 22, 2016. In March, staff determined that the Economic Development Chapter had inadvertently not been brought forward for second reading, and Council approved the Economic Development Chapter on second and final reading on March 22, 2016. Mrs. Robinson and Mr. Meadows also began drafting the Community Facilities and Services Chapter which will be workshopped with the Council in April.

Drainage Utility Billing Implementation – During the March 22, 2016 meeting, the Council approved a new comprehensive contract with Linebarger, Goggan, Blair & Sampson that includes collection of outstanding drainage fees. After extensive evaluation of the myGov software, Management Assistant and Interim City Secretary Alun Thomas determined that different software would be needed in order to allow account holders to search for their bill by address and provide a line item for donations to the Dickinson Volunteer Fire Department and EMS as was previously available on the water bill. Staff is currently working with STW, the City’s financial software provider to implement a new module of the software system. The new module will include other City fees that are collected. Staff anticipates that the 2016 drainage bills will go out by the end of April.

Economic Development Projects – City Administrator Julie Robinson and Economic Development Coordinator Angela Forbes have been working with a number of businesses looking to locate and/or relocate in Dickinson and have been fielding numerous calls about possible projects for the different tracts owned by DEDC and the City.

Emergency Management Plan Revisions – During the month of March, City Administrator Julie Robinson reviewed and began revising the Legal Annex of the City’s Emergency Management Plan. The proposed revisions will be submitted to the City Attorney for review.

Health Checkups – On March 3, 2016, 26 employees participated in Health Screenings. The Health Checkup informs employees of their health status related to ______MEMORANDUM Page 3

diabetes, heart disease and stroke using lab-accurate results that are produced in minutes. The screening also included review of the results with a board certified Nurse Practitioner and development of a personal action plan.

Public Information Requests – During the month of March, former City Secretary Carolyn Anderson and Interim City Secretary Alun Thomas received 23 Public Information Requests. Additionally, Ms. Anderson and Mr. Thomas reviewed the requests that are consistently requested on a monthly basis and added those types of information to the City’s website for ease of access: http://www.ci.dickinson.tx.us/567/Monthly-Building-Reports

Street Prioritization Program – Council provided direction on a quote for a Pavement Management Assessment during the February 9, 2016 meeting. Subsequently, staff worked with the consultant to confirm the number of linear feet included in the quote, ultimately bringing down the cost. During the March 22, 2016 Regular Council Meeting, Council approved a contract with Data Transfer Solutions, LLC (DTS) for Pavement Assessment Services. DTS will begin collecting data in May and have a final deliverable late this summer.

Transition of Solid Waste Services – Mrs. Robinson and Mr. Thomas have met with Republic Services on several occasions to discuss issues that the company is having collecting charges due on past due accounts. At the beginning of March, 2016 Republic Services had over 900 customers within the city limits that have never paid a single Republic Services bill since the company began providing the service in March of 2015. Republic Services sent notices of service interruption on a one-route-per-week basis for each of the four routes that service the city. The first notices were mailed on February 26, 2016, with services being terminated to those accounts effective Monday, February 29, 2016. The City is coordinating with Republic Services’ efforts to address code violations that result from termination of trash service, and on April 8 will send the final batch of the 804 total letters of violations to residents.

Transparency Stars Program – The Texas Comptroller of Public Accounts has announced a new program, Transparency Stars, that recognizes local governments that go above and beyond in their transparency efforts. To begin the process of establishing the City’s eligibility, staff will be adding reader-friendly financial data to the City’s website. In March, staff added a new page for Quarterly Financials to the City’s website.

Year End Closing – During the month of March, the City’s auditors continued to work through the final audit for FY2014-2015. Additionally, staff continued to work with the auditors to close the fiscal year and develop the Comprehensive Annual Financial Report (CAFR). The final audit and Comprehensive Annual Financial Report will be presented to Council in April.

______MEMORANDUM Page 4

CITY OF DICKINSON

MEMORANDUM

To: Honorable Mayor and City Council

From: Zachary Meadows, Director of Community Development

Cc: Julie Robinson, City Administrator

Date: April 4, 2016

RE: Community Development Activity Report for March, 2016

The month of March had 21.5 working days. In that time Community Development Staff completed the following activities:

Community Development Staff

 Staff Training: o Chief Building Official, Ray Burgess attended the Texas Floodplain Managers Association (TFMA) Annual Spring Seminar on March 9-11, 2016.

Planning & Zoning

 Pre-development and development meetings:  Corner of Hwy 3 and Deats – Staff met with a surveyor to discuss the re-platting of the southwest corner of Deats Rd. into one lot. The City is reviewing the submitted plat and making corrections to the document.  Oak Hollow Drive – City Staff met with Shelmark Engineers, the property owner, and a representative of WCID#1 to discuss the development of a small 4 lot private subdivision on 7 acres at the east end of Oak Hollow Dr.  5818 FM 517 – Staff met with the property owner to discuss the potential relocation of an existing church to the property.  3901 ½ & 3911 Hwy 3 – Staff issued a demolition permit for the removal of Adam’s Radiator Shop in preparation for a new commercial building to be built on the property.  Marais Restaurant – Staff continues to work with the developer on the construction of Marais Restaurant. Additional work has been completed, the pilings have been installed and the subfloor is being constructed.  Noah’s Event Venue – Staff continues to finish out final inspections on all of the subcontractors work being completed at the new Noah’s Event Venue.  McRee Ford Expansion – Work is progressing at McRee Ford on the new building. Rough-in inspections on electrical and plumbing are anticipated in early April.

* Miscellaneous permits include signs, swimming pools, driveway’s, fences, irrigation, demolition, house moving, & permits issued for other departments. 1 | Page

CITY OF DICKINSON

 Zoning Case Preparation and Completion:  2709 Dickinson Ave., Texas Beer Refinery – On March 22, 2016, City Council held a public hearing and passed the first reading of an ordinance pertaining to the zone change request on the property currently being occupied by Texas Beer Refinery. City staff is preparing to take the Specific Use Permit request for this establishment to the April 19, 2016 Planning & Zoning Meeting and then to the City Council Meeting on April 24, 2016.  3407 Gulf Freeway – Staff has received an application for a smoke/vapor shop to be located at this address which is in the Dickinson Plaza Shopping Center. Staff will be presenting the Specific Use Permit to the Planning & Zoning Commission at the April 19, 2016 Meeting and then to Council at the April 24, 2016 Regular Meeting.

 Comprehensive Plan  Director of Community Development Zach Meadows and City Administrator Julie Robinson continued to develop a draft of the Community Facilities and Services Chapter in March, and the Chapter will be workshopped with the Council at both regular meetings in April.

 General Business  4211 Video Street, Ard Law Firm– Staff met with the owners of Ard Law Firm and Mike Gillaspia of Gillaspia Signs to discuss the installation of new wall signage on the building.

Permits & Inspections

 Commercial Projects:  Commercial Building (New) . 3802 Hansen Dr.

 Residential Projects:  Permits have been issued for 4 new homes.  Permits have been issued for 5 residential remodel & addition projects.  61 Miscellaneous* permits issued.

 MEP Permits:  24 Mechanical permits issued.  28 Electrical permits issued.  32 Plumbing permits issued.

 CDBG Hurricane Ike Projects: . 0 House re-construction projects.

* Miscellaneous permits include signs, swimming pools, driveway’s, fences, irrigation, demolition, house moving, & permits issued for other departments. 2 | Page

CITY OF DICKINSON

. 0 Elevation projects.

 Plan Reviews, Inspections & Contractor Registrations:  28 plan reviews completed.  181 inspections completed.  41 contractor registrations processed.

 Total Valuation Of Improvements Permitted is $3,514,944.11  Total Permit Fees Collected $36,850.56

Code Enforcement

 Complaint Investigations:  45 new inspections & cases opened.  71 re-inspections.  34 Compliance – cases closed. . 1 abated by city staff. . 33 abated voluntarily.  10 citations issue.  14 zoning violations.  0 structures demolished voluntarily  12 hours cross training  8 vehicles illegally offered for sale.  150 Off premise signs removed from right of way.

 Building Standard Commission:  0 Structures demolished.  0 BSC hearings  7 Structures to be demolished

* Miscellaneous permits include signs, swimming pools, driveway’s, fences, irrigation, demolition, house moving, & permits issued for other departments. 3 | Page

To: Mayor & City Council

From: Chief Ron Morales

Date: April 5, 2016

Re: March News

Administrative Services

 Attended OSSI Consortium meeting in League City.  Continuing recruitment and testing of applicants for vacant Dispatch opening.  Chief Morales and Captain Jaekel attended the Texas Police Chiefs conference in Austin.

Patrol Division

 Officers responded to a call of an unconscious male, not breathing, in the 2900 block of Ave H. Officers located a 64 year old male in the back seat of a car. The victim was deceased. A baggie of “Kush” was found near the body. No obvious signs of trauma were present.  Officers were dispatched to the 3600 block of FM 1266 in reference to a shooting. Upon arrival, officers located a 43 year old male lying in his driveway near a parked car. The 43 year old male subject (who is mentally challenged) was conscious and alert and advised that he had not been shot, but that they were shooting a video and someone else was shot. EMS arrived at the scene and upon checking the male, discovered a gunshot wound to his lower abdomen just above his belt line. The victim was transported to Clear Lake Regional Hospital. The case is still under investigation.

Criminal Investigation Division

 CID has begun the background investigations on patrol officer applicants.  The Narcotics Division presented a class on “Narcotic Enforcement” to CPA Class 26.

Crime Prevention & Community Policing

 The Citizen’s Police Academy had a presentation on “Less Than Lethal” taser training. A DPD Officer stepped up and took a “hit” from the Taser for demonstration purposes.  The COPS had their quarterly meeting at the VFW.  CPA Class 26 had a presentation and live demo from the K9 Unit.  Attended the fundraiser at Rogers Malt Shop held for E.J. Juarez.  The DCPAAA had their executive board meeting.  CPA Class 26 took a tour of the PD Jail Facility and had a presentation on weapon familiarization.  CPA Class 26 went to the College of the Mainland Gun Range for the firearms block of the program.  CPA Class 26 had a presentation from the DPD Narcotics Unit.

VOCA Grant Activities

 Assisted 43 Families (total of 44 victims served).  Contacted 44 victims by mail; 33 by phone; held 7 personal visits.

2016 Dickinson Police Department Crime and Traffic Report

Criminal Activity January February March April May June July August September October November December YTD Total 2015 Total 2014 Total Criminal Homicide ‐ Negligent Manslaughter 0 0 0 00 0 Forcible Rape 0 4 3 7108 Robbery 2 0 1 31714 Aggravated Assault 3 2 5 10 16 32 Assault 21 26 32 79 327 264 Assault on Peace Officer 0 0 0 03 1 Burglary 11 3 5 19 104 121 Larceny/Theft 33 31 29 93 322 373 Motor Vehicle Theft 3 2 3 83931 Arson 1 0 0 12 1 Total Reportable Offenses 73 68 78 219 838 843 Total Calls Received and Dispatched 1,911 1,799 1,813 5,523 24,228 46,441 Total Cases Cleared by Arrests 8 11 17 36 167 218 Total Arrests (Adult) 127 119 138 384 1,380 1,139 Total Adult Felony Arrests 12 2 4 18 77 120 Total Arrests (Juvenile) 1 0 4 51326 Total Juvenile Felony Arrests 1 0 2 30 6 Total Value of Vehicles Stolen $45,000 $97,000 $15,000 $157,000 $427,501 $368,300 Total Value of all other Property Stolen $57,781 $27,641 $23,415 $108,837 $469,993 $557,298 Total Value of all Property Recovered $10,172 $33,198 $50 $43,420 $214,772 $244,702 Total Vehicles Stolen/Received other Department 0 1 0 13 9 Total Vehicles Stolen/Received Local 1 0 0 11614 Total Vehicles Stolen other Department/Received Local 2 0 1 3105

Traffic Activity YTD Total 2015 Total 2014 Total Total Accidents Reported 36 40 56 132 454 442 Total Accidents with Property Damage 2 3 4 93228 Total Accidents with Personal Injury 6 7 14 27 80 78 Total Number of Personal Injury 7 8 19 34 102 93 Total Fatality Accidents 10 0 14 0 Total of Warning Tickets (Moving Violations) 93 75 114 282 1,253 2,314 Total of Warning Tickets (Non‐Moving Violations) 258 150 138 546 1,640 2,806 Total Citations Issued to Adults 351 354 315 1,020 3,740 3,992 Total Citations Issued to Juveniles 1 9 3 13 39 61 Total Number of all Violations 455 467 416 1,338 4,700 4,993 Total Amount of Fines Assessed $115,971 $123,685 $110,698 $350,354 $1,058,159 $1,162,888

TO: Honorable Mayor and City Council Members

FROM: Kellis George, Director of Public Works

DATE: April 5, 2016

SUBJECT: Monthly Project Report – March 2016

Stormwater Inspections: As part of the City’s stormwater permitting process, on-site inspections were conducted for new homes being built at the following locations: o 5620 Forest Cove Drive o 1400 Bess Road o 441 Old Orchard Drive o 4725 East 35th Street

The contractors, homeowners, or builders were notified of any observed violations, and corrections were made prior to issuing a general permit. Routine follow-up visits will be conducted to ensure that the stormwater pollution prevention compliance measures are maintained.

Stormwater Sunday continues to build a social media following on the City’s Facebook page. These posts feature content designed to educate the public and raise awareness of stormwater pollution issues. Management Assistant Alun Thomas and Assistant to the Public Works Director Alicen Newman are now working together on a similar campaign for recycling, which is quickly gaining momentum on the social media platform.

Assistant to the Public Works Director Alicen Newman has now added SWPP inspections to the Community Development demolition process to help mitigate and/or eliminate non-point source pollution.

Culvert Installations: The Department installed concrete culverts at the following locations in March, for a total of 40 linear feet of installed concrete culverts:

o 5512 Yacht Club Drive – 20ft of 12” o 4942 Bayou Drive – 8ft of 18” o 5506 Yacht Club Drive – 12ft of 12”

PUBLIC WORKS MONTHLY PROJECT REPORT – MARCH 2016 Page 1 Street Patching: The Department patched the following streets in March with cold mix:

o Rodeo Bend o Gill Road o Pin Oak o Ave I from 20th to 24th o Ave H from 20th to 24th o Wagon Road o Ecret Drive o Sycamore o Hughes Road o 45th Street o Melody Lane o West Bayou Drive o Pabst

Street Projects o 48th Street (FY 2014-2015 Street Maintenance Sales Tax Project) – Work began on February 1, and the concrete contractor has poured concrete for the eastbound lane. o Leonetti – Staff began construction on schedule. One lane of the street has now been poured. o All aprons on Dakota Street will be finished by April 5, 2016, after which the aprons on 48th Street will also be completed.

Drainage Projects o On March 31, Kellis George met with resident Jackie Valcoviack to discuss drainage issues along 44th Street and St. Goar. o Staff is working with Galveston County Road and Bridge on a drainage complaint on Pin Oak that includes portions of the County. The scope of work calls for the ditch to be cleared and then, if needed, regraded. The clearing of the ditch has already been completed. o At the request of a resident, the Department cleaned the ditch and blew culverts along Ash Drive.

Culvert Cleaning o Dakota Street – 136 feet

Highway 3 Overlay District Street Light Installation: On March 30, Julie Robinson, Alicen Newman and Kellis George met to discuss the streetlight that has been requested at the corner of 24th and Hwy 3 and the requirements for street lights in the Highway 3 Overlay District. The new streetlight parts have been ordered and confirmation is expected within the next 5 days.

Luhning Road: On March 21, 2016 Kellis George and Alicen Newman met with Larry Burks, owner of Mainland Concrete, to discuss his potential donation of the concrete necessary for

PUBLIC WORKS MONTHLY PROJECT REPORT – MARCH 2016 Page 2 reconstruction of Luhning Road from Calvert Lane to the dead end. Mr. Burks is preparing a formal proposal for the donation which will be reviewed.

Continuing Monthly Activities

There are a number of activities that the Public Works Department performs on a monthly basis, including pothole repairs, reporting street light outages to the appropriate electric utility, responding to requests submitted to the City through the City’s website, mowing of rights-of- way, and addressing drainage issues.

PUBLIC WORKS MONTHLY PROJECT REPORT – MARCH 2016 Page 3 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet Construction Gill Road (Rodeo Bend to Street Maintenance Contracts are in FY 2016 Bess Road ) (includes Concrete Sales Tax signature engineering & drainage) circulation 1,385 Construction 35th Street (East of Kansas Street Maintenance Contracts are in FY 2016 to California) (includes Concrete Sales Tax signature engineering & drainage) circulation 2,245 Construction Hollywood Street (Hwy 3 to Street Maintenance Contracts are in FY 2016 Timber Drive) (includes Concrete Sales Tax signature engineering & drainage) circulation 1,390 Construction Johnson Street (includes Street Maintenance Contracts are in FY 2016 Concrete engineering & drainage) Sales Tax signature circulation 820 Mariner's Way (Yacht Club Construction Drive to Commodore) Street Maintenance Contracts are in FY 2016 Concrete (includes engineering & Sales Tax signature drainage) circulation 790 Nebraska Street (46th Street March Council to Street Maintenance FY 2016 to dead end) (includes Concrete Award Bid and Sales Tax engineering & drainage) Approve Contract 1,175 Construction Pine Oak Circle (Pine Oak Street Maintenance Contracts are in FY 2016 Drive to Dead End) (includes Concrete Sales Tax signature engineering & drainage) circulation 560 28th St (Hwy 3 to Timber Dr) Construction Street Maintenance FY 2015 (includes engineering & Concrete Scheduled June Sales Tax drainage) 2016 1,625 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet 33rd St (East of Kansas Ave Construction Street Maintenance FY 2015 to California Ave) (includes Concrete Scheduled March Sales Tax engineering & drainage) 2016 2,275 48th St (East of Hwy 3 to Street Maintenance Construction In FY 2015 Nebraska St) (includes Concrete Sales Tax Final Phase engineering & drainage) 705 Greenbriar St (Sunset Dr to Construction Street Maintenance FY 2015 Oakridge Dr) (includes Concrete Scheduled Sales Tax engineering & drainage) September 2016 635 Construction in Leonetti Ln (Country Club to Street Maintenance progress FY 2015 Lininger Ln) (includes Concrete Sales Tax Began on March engineering & drainage) 1, 2016 855 Oleander Dr (West of Palm Construction Street Maintenance FY 2015 Dr to the Bridge) (includes Concrete Schedued July Sales Tax engineering & drainage) 2015 820 48th St (West of Hwy 3) 134,465.28 Street Maintenance FY 2014 (includes engineering & Concrete Completed (posted thru Sales Tax drainage) June) 1,170 Ave L (North of 2nd St) 240,026.72 Street Maintenance FY 2014 (includes engineering & Concrete Completed (posted thru Sales Tax drainage) August) 4,926 Dakota St (South of 517) 1,052.51 Street Maintenance Construction In FY 2014 (includes engineering & Concrete (posted thru Sales Tax Final Phase drainage) June) 2,400 Desel Dr (North of Hughes 244,514.12 Street Maintenance FY 2014 Rd) (includes engineering & Concrete Completed (posted thru Sales Tax drainage) June) 2,500 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet Martin Luther King Blvd 92,582.36 Street Maintenance FY 2014 (South of Salvato) (includes Concrete Completed (posted thru Sales Tax engineering & drainage) June) 600 29th St (West of Hwy 3 to Street Maintenance FY 2013 end of the street) (includes Concrete Completed 114,555.99 Sales Tax engineering & drainage) 1,100 36th St (East of Kansas to Street Maintenance FY 2013 end of the street)(includes Concrete Completed 241,754.50 Sales Tax engineering & drainage) 2,200 Ave G (South of Falco to end Street Maintenance FY 2013 of the street) (includes Concrete Completed 61,514.85 Sales Tax engineering & drainage) 500 Ave H (South of Deats to end Street Maintenance FY 2013 of the street) (includes Concrete Completed 66,844.39 Sales Tax engineering & drainage) 600 Imite (Holly Dr to end of the Street Maintenance FY 2013 street) (includes engineering Concrete Completed 77,056.21 Sales Tax & drainage) 600 Pine Oak Dr (FM 646 to end Street Maintenance FY 2013 of the street) (includes Concrete Completed 182,504.96 Sales Tax engineering & drainage) 1,800 26th Street (Texas Ave to Hurricane Ike Construction In FY 2012 California Ave) (includes CDBG Round 2, Concrete Progress engineering & drainage) Phase 2 Eastside 1,430 28th Street East (California to Street Maintenance FY 2012 Kansas) (includes Concrete Completed 222,785.03 Sales Tax engineering & drainage) 4,040 29th Street (Kansas Ave to Hurricane Ike Construction In FY 2012 California Ave) (includes CDBG Round 2, Concrete Progress engineering & drainage) Phase 2 Eastside 2,180 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet 42nd Street (Missouri to Street Maintenance FY 2012 California) (includes Concrete Completed 61,233.83 Sales Tax engineering & drainage) 422 47th Street (Minnesota to Street Maintenance FY 2012 Plum) (includes engineering Concrete Completed 117,696.03 Sales Tax & drainage) 968 Hurricane Ike Avenue G (Phase 2) (26th St CDBG Round 2, 865,122.09 FY 2012 to 20th St) (includes Concrete Completed Phase Westside (posted thru engineering & drainage) Draiange July) 2,166 Blue Water Lane (Old Bayou Hurricane Ike Dr to Camp Allen Rd) CDBG Round 2, FY 2012 Concrete Completed (includes engineering & Phase 2 Bayou drainage) Chantilly 320 Hurricane Ike Central Street (Hwy 3 to end CDBG Round 2, 449,686.30 FY 2012 of the street) (includes Concrete Completed Phase Westside (posted thru engineering & drainage) Draiange July) 800 Ecret Dr (City limits to end of Hurricane Ike Pending Funding - FY 2012 the street) (includes CDBG Round 2, Concrete At Risk Project engineering & drainage) Phase 2 1,680 Green Willow Lane (Old Hurricane Ike Bayou Dr to Camp Allen Rd) CDBG Round 2, FY 2012 Concrete Completed (includes engineering & Phase 2 Bayou drainage) Chantilly 430 Hurricane Ike Live Oak Dr (Old Bayou Dr to CDBG Round 2, FY 2012 Camp Allen Rd) (includes Concrete Completed Phase 2 Bayou engineering & drainage) Chantilly 480 Manor Lane (FM 517 to end Hurricane Ike 800.00 FY 2012 of the street) (includes CDBG Round 2, Concrete Completed (posted thru engineering & drainage) Phase 2 Westside July) 640 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet Meadowlark Street (Old Hurricane Ike Bayou Dr to Camp Allen Rd) CDBG Round 2, FY 2012 Concrete Completed (includes engineering & Phase 2 Bayou drainage) Chantilly 490 Oak Lane (Ave L to end of Street Maintenance FY 2012 the street) (includes Concrete Completed 76,359.97 Sales Tax engineering & drainage) 720 Old Castle Lane (Old Bayou Hurricane Ike Dr to Camp Allen Rd) CDBG Round 2, FY 2012 Concrete Completed (includes engineering & Phase 2 Bayou drainage) Chantilly 525 Oleander Dr (Hwy 3 to Palm Hurricane Ike Pending Funding - FY 2012 Dr) (includes engineering & CDBG Round 2, Concrete At Risk Project drainage) Phase 2 2,660 Palm Dr (Hughes Rd to Hurricane Ike Pending Funding - FY 2012 Oleander Dr) (includes CDBG Round 2, Concrete At Risk Project engineering & drainage) Phase 2 1,320 Hurricane Ike Pine Grove Drive (Oak St to CDBG Round 2, 153,373.20 FY 2012 Yupon St) (includes Concrete Completed Phase Westside (posted thru engineering & drainage) Draiange July 1,150 Hurricane Ike Pine Manor Lane (FM 517 to CDBG Round 2, 140,165.00 FY 2012 end of the street) (includes Concrete Completed Phase Westside (posted thru engineering & drainage) Draiange July) 660 Yacht Club Drive (Hughes Rd Street Maintenance FY 2012 to Mariners Way) (includes Concrete Completed 109,491.25 Sales Tax engineering & drainage) 1,960 Avenue G (Phase 1) (Falco to Hurricane Ike FY 2011 26th St) (includes engineering CDBG Round 2, Concrete Completed 604,908.97 & drainage) Phase 1 2,166 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet Avenue I (Deats Rd to end of Hurricane Ike FY 2011 the street) (includes CDBG Round 2, Concrete Completed 160,777.73 engineering & drainage) Phase 1 660 Bayou Circle (FM 517 to end Hurricane Ike FY 2011 of the street) (includes CDBG Round 2, Concrete Completed 169,584.90 engineering & drainage) Phase 1 760 Belmont Street (Oakridge Dr Hurricane Ike FY 2011 to Sunset Dr) (includes CDBG Round 2, Concrete Completed 183,555.78 engineering & drainage) Phase 1 764 Birch Street (includes FY 2011 DEDC/DMD#1 Concrete Completed 68,992.66 engineering & drainage) 620 WCID #1 Bond FY 2011 Country Club Drive Concrete Completed 407,501.05 Funding 3,353 Elm Street (includes FY 2011 DEDC/DMD#1 Concrete Completed 60,470.61 engineering & drainage) 500 Holly Drive (Timber Dr to end Hurricane Ike FY 2011 of the street) (includes CDBG Round 2, Concrete Completed 171,408.70 engineering & drainage) Phase 1 660 Timber Drive (22nd Street to Hurricane Ike FY 2011 23rd Street) (includes CDBG Round 2, Concrete Completed 146,466.28 engineering & drainage) Phase 1 380 Timber Drive (includes FY 2011 DEDC Concrete Completed 68,131.15 engineering & drainage) 520 Water Street (includes FY 2011 DEDC Concrete Held by DEDC engineering & drainage) 44th Street (includes FY 2010 DEDC Concrete Completed 34,108.53 engineering & drainage) 248 Avenue J (includes FY 2010 DEDC Concrete Completed 323,637.34 engineering & drainage) 2,800 Bruce Avenue (includes Hurricane Ike FY 2010 Concrete Completed 231,548.09 engineering & drainage) CDBG Round 1 1,704 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet East Sunset Drive Phase II (from Timber to Hwy 3) FY 2010 DEDC Concrete Completed 178,745.82 (includes engineering & drainage) 1,650 FM 646 (FM 517 to 2nd FY 2010 Street) (includes engineering County/TxDOT Concrete Completed 5,422,788.00 & drainage) 5,820 Grand Blvd (includes Hurricane Ike FY 2010 Concrete Completed 231,548.09 engineering & drainage) CDBG Round 1 1,340 Gum Drive (includes Hurricane Ike FY 2010 Concrete Completed 231,548.09 engineering & drainage) CDBG Round 1 1,054 Hughes Road (East of Hwy 3 FY 2010 to Humble Camp) (includes County Bond Concrete Completed 599,500.00 engineering & drainage) 2,212 Island Drive (includes Hurricane Ike FY 2010 Concrete Completed 231,548.09 engineering & drainage) CDBG Round 1 681 Lover's Lane (includes FY 2010 City Funds - TAN Concrete Completed 299,409.00 engineering & drainage) 2,680 Oakridge Drive (includes FY 2010 City Funds - TAN Concrete Completed 149,313.78 engineering & drainage) 1,823 Owens Drive (FM 517 to FM FY 2010 646) (includes engineering & County Bond Concrete Completed 1,637,288.75 drainage) 2,960 Scenic Drive (includes Hurricane Ike FY 2010 Concrete Completed 231,548.09 engineering & drainage) CDBG Round 1 1,870 Tanglebriar Circle (includes FY 2010 City Funds - TAN Concrete Completed 33,500.16 engineering & drainage) 150 East Sunset Drive Phase I FY 2009 (includes engineering & DEDC Concrete Completed 311,099.00 drainage) 2,028 FY 2006 - FY 2016 Street Project List (Updated 4-5-16) Pavement Linear Year Approved Street Funding Source Status Cost Type Feet Tanglebriar Drive (includes FY 2009 City Funds Concrete Completed 240,438.00 engineering & drainage) 1,399 42nd Street (from Texas Ave FY 2008 DEDC Concrete Completed 108,311.40 to Galveston Ave) 400 Hughes Lane (North of FM FY 2008 DEDC Concrete Completed 276,883.72 517 W) 2,956 FY 2008 Ohio Avenue DEDC Concrete Completed 195,986.18 1,200 FY 2008 West Sunset DEDC Concrete Completed 382,052.57 2,900 37th Street (from Baker to FY 2007 DEDC Concrete Completed 222,040.95 California) 1,510 Galveston Avenue (from FM FY 2007 DEDC Concrete Completed 192,501.02 517 E to Park Ave) 1,284 Hill Avenue (from FM 517 E FY 2007 DEDC Concrete Completed 360,877.62 to County line) 2,680 Texas Avenue (from FM 517 FY 2007 DEDC Concrete Completed 96,250.50 E to 42nd) 400 34th Street (from Baker to FY 2006 DEDC Concrete Completed 171,839.01 California) 1,486 39th Street (from Baker to FY 2006 DEDC Concrete Completed 203,285.66 California) 1,490 FY 2006 Bruce Avenue City Funds Chip & Seal Completed FY 2006 Harbor Light Drive City Funds Chip & Seal Completed FY 2006 Maple Drive DEDC Concrete Completed 255,625.94 1,908 FY 2006 Mariner Way City Funds Chip & Seal Completed FY 2006 Nevada Street City Funds Chip & Seal Completed Nichols Avenue (from FM 517 FY 2006 DEDC Concrete Completed 144,780.79 E to County line) 3,262 FY 2006 Wagon Road City Funds Chip & Seal Completed Street Program Status

1506‐01 Oleander (Palm to the Bridge) 860 7/21/2015 Yes Geotest 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 7/1/2016 (est) October 2016 (est) Greenbriar (Oakridge to 1506‐01 Sunset) 700 7/21/2015 Yes Geotest 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 8/1/16 (est) November 2016 (est)

Council Award Project / Council Funding Geo Tech Geo Tech Geo Tech Geo Tech Engr Engr Engr Engr Const Const Construction Construction Street Name Linear Feet Bid and Bid No. Approval Available Proposal Out Proposal In Start Complete Proposal Out Proposal In Start Complete Bid Out Bid In Start Complete Approve Contract Contract in Cirrculation for 1601‐01 35th Street (East of Kansas) 2,245 9/8/2015 Yes Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/6/2016 1/20/2016 Signatures TBD TBD Contract in Cirrculation for 1601‐01 Nebraksa 1,175 9/8/2015 Yes Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/6/2016 1/20/2016 Signatures TBD TBD Contract in Cirrculation for 1601‐02 Hollywood 1,390 9/8/2015 Yes Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/13/2016 1/27/2016 Signatures TBD TBD CDBG Funding 2/23/16 Award Bid Possible and Approve 1601‐02 Gill Road 1,385 9/8/2015 (according to the MYFP) Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/13/2016 1/27/2016 Contract TBD TBD Contract in Cirrculation for 1601‐01 Johnson Street 820 9/8/2015 Yes Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/6/2016 1/20/2016 Signatures TBD TBD Contract in Cirrculation for 1601‐02 Mariner's Way 790 9/8/2015 Yes Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/13/2016 1/27/2016 Signatures TBD TBD Contract in Cirrculation for 1601‐02 Pine Oak Circle 560 9/8/2015 Yes Paradigm 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/2015 IDS 8/31/2015 10/19/15 (est) 2/19/16 (est) 1/13/2016 1/27/2016 Signatures TBD TBD

Derek Hunt EMS Director 4403 Hwy 3, Dickinson, TX 77539 (281) 534-3031 ext.3102 (281) 534-3680 fax www.ci.dickinson.tx.us Email: [email protected]

TO: Honorable Mayor and City Council Members

FROM: Derek Hunt, EMS Director

DATE: April 1, 2016

SUBJECT: Monthly Report for March 2016 ______

Monthly Overview:

 Texas Ambulance Services Supplemental Payment Program (“TASSPP”): Staff attended mandatory webinar for the Ambulance Services Supplemental Payment Program (TASSPP) offered through the Texas Health and Human Services Commission. The TASSPP program allows governmental ambulance providers to receive supplemental payments to help fill the gap, or loss, between the cost of providing services to Medicaid patients and the payments received. Established in 2009, the TASSPP offers EMS providers in the state the potential opportunity to receive additional funds above the standard Medicaid rate to supplement transport costs for Medicaid and uninsured patients.

Dickinson EMS was officially accepted into the TASSPP on November 30, 2015. It is estimated by Emergicon the projected annual revenues from this program for Dickinson EMS will exceed $149,000. Services accepted into this program can anticipate seeing supplemental payments the following year.

 Quarterly Morbidity & Mortality Meeting: This quarterly meeting with Dr. Fine was attended by Texas City Fire Department, La Marque EMS and Dickinson EMS leaders to review high acuity calls for service and to review crew’s patient care and interventions on calls for service. This is the second meeting since being implemented between the services.

 Inventory Management Program: Staff has researched and begun implementing stages of the Operative IQ inventory management program. This inventory management program will allow the Department to track supplies from the time they are ordered until they are used by the medics on a call thus providing the Department with accurate information for restocking.

EMS Training:

 Full-Time staff attended a Pre Hospital Burn Life Support class at Shriner’s Hospital in Galveston. This course was paid for in full by the Trauma RAC-R.

MEMORANDUM Page 1 Dickinson EMS Monthly Report – March 2016

 Staff completed their training on the STW payroll system. All EMS staff has been trained and is now inputting their own timesheets into the STW payroll system.

 Staff has begun the process of acquiring a Continuing Education Program Number from the Texas Department of State Health Services. This will allow Staff to issue State- approved continuing education credits for educational courses hosted for both the Department’s staff and for surrounding EMS agencies.

MEMORANDUM Page 2 Dickinson EMS Monthly Report – March 2016

2016 Dickinson Emergency Medical Services Activity Report

EMS Activity* January February March April May June July August September October November December 2016 Total 2015 Total 2014 Total Assist 0 0 0 094 Call Cancelled 0 0 0 0 0 22 DOS, No Transport 4 1 1 6 28 27 Disregarded En Route 10 7 10 27 119 61 False Alarm (No Incident Occurred) 11 13 13 37 87 23 No Patient Found 0 0 0 0 30 186 No Treatment, No Transport 42 49 56 147 668 446 Patient Care Transferred 0 0 1 1 17 45 Stand By 3 4 4 11 14 10 Transported Lights/Siren 16 12 17 45 145 126 Transported No Lights/Siren 91 74 93 258 1,087 937 Transported No Lights/Siren, Upgraded 1 0 0 1 7 10 Treated, Transported by Law Enforcement 0 0 0 0 2 2 Treated, Transported by Private Vehicle 1 0 0 1 1 1 Treatment, No Transport 13 7 7 27 80 113 Mutual Aid ‐ Patient Encounters 18 33 21 72 279 287 Total EMS Activities ‐ Patient Reports* 210 200 223 0 0 0 0 0 0 0 0 0 633 2,573 2,300 Average Response Time 6.11 6.14 6.10 6.12 5.90 5.50

AIR MEDICAL TRANSPORTS 0 0 1 1 31 29

Dispatched Incidents In City 165 149 169 483 1862 1673 Out of City 43 48 48 139 646 600 Total Dispatched Incidents for Dickinson EMS* 208 197 217 0 0 0 0 0 0 0 0 0 622 2508 2,273

Mutual Aid Breakdown** January February March April May June July August September October November December YTD Total 2015 Total 2014 Total Mutual Aid Given to Other Services 16 17 19 52 190 76 Mutual Aid Received by Other Services 22 38 23 83 311 N/A Mutual Aid Received by Other Services Avg Response Time 18 17 16 17 17 N/A

OTHER INFORMATION January February March April May June July August September October November December 2016 Total 2015 Total 2014 Total COLLECTIONS ‐ 2016 $36,430.72 $28,181.87 $38,691.72 $103,304.31 COLLECTIONS ‐ 2015 $32,756.67 $44,913.56 $33,089.28 $34,192.90 $35,434.07 $41,998.88 $44,672.47 $32,205.01 $40,167.89 $36,754.14 $38,816.08 $36,036.63 $451,037.58 COLLECTIONS ‐ 2014 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $25,045.23 $37,336.79 $39,143.20 $421,268.30 COLLECTIONS ‐ 2013 $44,788.62 $32,929.19 $41,366.80 $45,952.19 $37,193.42 $35,190.42 $45,294.67 $39,534.87 $30,684.50 $26,838.11 $24,769.16 $33,366.08 COLLECTIONS ‐ 2012 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $49,067.67 $32,436.05 $48,582.90 COLLECTIONS ‐ 2011 $34,931.36 $29,807.27 $45,092.56 $52,001.25 $36,692.17 $27,747.57 $32,327.43 $48,744.69 $39,978.64 $35,337.55 $38,399.36 $33,873.83 2013 Total 2012 Total 2011 Total $437,908.03 $549,395.99 $454,933.68 *Note: An incident may have multiple patients.

**On 2 of the mutual aids into the city, Medic 1 was able to cover the call and disregard the inbound mutual aid unit.

CALENDAR YEAR COLLECTIONS January February March April May June July August September October November December 2016 Total 2015 Total 2014 Total COLLECTIONS ‐ 2016 $36,430.72 $28,181.87 $38,691.72 $103,304.31 COLLECTIONS ‐ 2015 $32,756.67 $44,913.56 $33,089.28 $34,192.90 $35,434.07 $41,998.88 $44,672.47 $32,205.01 $40,167.89 $36,754.14 $38,816.08 $36,036.63 $451,037.58 COLLECTIONS ‐ 2014 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $25,045.23 $37,336.79 $39,143.20 $421,268.30 COLLECTIONS ‐ 2013 $44,788.62 $32,929.19 $41,366.80 $45,952.19 $37,193.42 $35,190.42 $45,294.67 $39,534.87 $30,684.50 $26,838.11 $24,769.16 $33,366.08 COLLECTIONS ‐ 2012 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $49,067.67 $32,436.05 $48,582.90 COLLECTIONS ‐ 2011 $34,931.36 $29,807.27 $45,092.56 $52,001.25 $36,692.17 $27,747.57 $32,327.43 $48,744.69 $39,978.64 $35,337.55 $38,399.36 $33,873.83 2013 Total 2012 Total 2011 Total $437,908.03 $454,933.68 $454,933.68

FISCAL YEAR COLLECTIONS October November December January February March April May June July August September TOTALS Collections 2010‐2011 $43,575.06 $35,867.82 $34,527.20 $34,931.36 $29,807.27 $45,092.56 $52,001.25 $36,692.17 $27,747.57 $32,327.43 $48,744.69 $39,978.64 $461,293.02 Collections 2011‐2012 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $430,442.96 Collections 2012‐2013 $49,067.67 $32,436.05 $48,582.90 $44,788.62 $32,929.19 $41,366.80 $45,952.19 $37,193.42 $35,190.42 $45,294.67 $39,534.87 $30,684.50 $483,021.30 Collections 2013‐2014 $26,838.11 $24,769.16 $33,366.08 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $404,716.43 Collections 2014‐2015 $25,045.23 $37,336.79 $39,143.20 $32,756.67 $44,913.56 $33,089.28 $34,192.90 $35,434.07 $41,998.88 $44,672.47 $32,205.01 $40,167.89 $440,955.95

Irma Rivera 4403 HWY 3 Dickinson, Texas 77539 (281) 337-6264 (281) 337-6190 fax www.ci.dickinson.tx.us [email protected]

To: Honorable Mayor and City Council From: Irma Rivera, Court Administrator CC: Julie Robinson, City Administrator Date: 4/6/2016 Re: Staff Report for March 2016

The court calendar for April 2016 is as follows:

April 6: Arraignment Hearing @ 2:00 p.m. April 11: Attorney Pre-Trial Hearing @ 1:00 p.m. April 13: Arraignment Hearing @ 2:00 p.m. April 25: Non-Att. & Juvenile Hearing @ 2:00 p.m. April 27: Bench Trial Hearing @ 3:00 p.m.

 The 2016 Warrant Round-Up was a huge success: 284 warrants were served, valued at $105,980.32. The Court experienced huge success two weeks prior to the actual round-up, with numerous defendants taking advantage of the amnesty period that was offered. Other defendants set up payment agreements, posted bonds or contacted the Court to discuss their options. Revenue collected from the 284 warrants was $61,399.66. Time served processed through Dickinson jail or from other facilities amounted to $7,845.86. Bail bonds posted were valued at $12,952. There are 41 cases that are now pending court hearings and adjudication.

 Megan Wiggins will be attending the Regional Clerks Seminar on April 25-27 in South Padre Island. The regional conference is intended for experienced clerks, and features both general and breakout sessions that address a wide range of issues. The conference helps to provide a foundation for building clerks’ knowledge of their authority and duties by familiarizing them with judicial ethics, statutes, legal processes, statutory reporting requirements, and management. These programs help to promote a better understanding of the justice system and the laws that municipal courts must uphold.

1 2014 Dickinson Municipal Court Filed Cases 2016 DICKINSON MUNICIPAL COURT ACTIVITY REPORT

CASES FILED January February March April May June July August September October November December YTD Total 2015 Total 2014 Total Police Department 392 520 428 1,340 4,788 4,999 Municipal Court 35 39 68 142 830 697 Code Enforcement 1 2 17 20 11 22 Fire Marshal 1 1 23518 Animal Control 17 48 Transferred Out 048 Reserve Officer 00 Texas Department of Public Safety 19 5 5 29 72 29 TOTAL FILED VIOLATIONS 44856751800000 00 0 01,533 5,753 5,861

WARRANTS ISSUED 2015Total 2014 Total Police Department 99 156 139 394 2,069 1,479 Municipal Court 55 71 73 199 1,175 930 Code Enforcement 0 045 Fire Marshal 0 053 Animal Control 0 02130 Transferred Out 5 4 2 11 85 194 Reserve Officer 03 Texas Department of Public Safety 4 2 4 10 36 13 TOTAL WARRANTS ISSUED 16323321800000 00 0 06143,395 2,657

WARRANTS CLEARED 2015 Total 2014 Total Police Department 105 137 158 400 1,596 1,181 Municipal Court 81 92 97 270 1,066 899 Fire Marshal 0 2 225 Code Enforcement 0 038 Animal Control 0 0 02474 Transferred Out 18 32 32 82 292 477 Reserve Officer 1 0 2 309 Texas Department of Public Safety 0 1 4 52821 TOTAL WARRANTS CLEARED 20526229500000 00 0 07623,011 2,674 Dickinson Fire Marshal’s Office 4403 Highway 3 Dickinson, TX 77539 281-337-6262 281-337-6290 Fax

MEMORANDUM

To: Honorable Mayor and City Council Members

From: Lee Darrow, Fire Marshal

Cc: Julie Robinson, City Administrator

Date: April 4, 2016

RE: Fire Marshal Staff Activity Report for March 2016

Staff Activity

- Staff conducted hands on fire extinguisher use and fire safety training for the staff at the DISD Food Nutrition center.

- Fire Marshal Darrow attended a 36 hour course to acquire certification as a “Basic Code Enforcement Officer” to aid in assisting Community Development as needed. I am in the process of gathering the required documents to submit to the Texas Department of Health Services in order to take the state exam to obtain the license with the state.

- Assistant Fire Marshal Ruthstrom attended a meeting with the Knox Company (Knox Box) for updated information on the system. Information on new features was provided to attendees.

- Assistant Fire Marshal Ruthstrom attended the annual TEEX Arson Conference held the week of 3/21- 3/25 in Austin. 36 continuing education hours were earned in various fire investigation topics.

- Fire Marshal Darrow attended the Open House for the new Dickinson Chamber of Commerce.

Investigations

- 03/05/2016 – 3200 Block Hemlock Dr. Crews responded to a reported kitchen fire, and upon arrival it was found that the fire had been “knocked” down by the resident. DVFD crews checked for extensions of the fire in the adjacent cabinets and walls due to the fire damage found. Crews also assisted with clearing the smoke from the home.

- 03/31/2016 – 4700 Block East 38th St. DPD dispatch received a transferred call from the League City PD Dispatch for a “disturbance” at this location. Shortly after dispatching the call, the first arriving DPD officer advised of a fire in the shed behind the home. DVFD was dispatched to the scene and found heavy fire upon arrival. Crews extinguished the fire without incident. The Fire Marshal’s Office investigated the fire and it was determined to have been accidental due to a mechanical malfunction of a motor cycle that the owner had just placed in the shed after riding. The main structure of the home suffered minor damage and was still livable.

Page 1 of 2

Fire Marshal Staff Activity Report Cont’d - Staff assisted Code Enforcement with documenting junk vehicles as well as serving administrative search warrants.

- Staff continues to assist Public Works with enforcement of violations of the Storm Water Pollution Prevention Ordinance.

Plan Reviews conducted and/or meetings for proposed new businesses

o ROW Permit issued to CenterPoint Energy; o None issued for the month of March

o Plans were reviewed and approved for the replacement of existing cell tower antennas located at 5102 ½ Highway 3

o Reviewed and approved the following Fire Protection Systems o 3825 Gulf Frwy – Fire Alarm System o 314 W FM 517 – Cooking Hood Fire Suppression System

o Change of Occupancies reviewed and approved; o BMS Construction Offices – 2601 Deats Rd.

Licensed Facility and Home Inspections

- Conducted inspections at the following locations for state licensed daycares, foster care home, assisted living homes or related healthcare facilities;

o 1753 N. Meridian Green Dr. – Foster Care Home

Total Inspections Completed

- Fire & Life Safety Inspections - 61 (Re-inspections included)

Page 2 of 2

TO: Honorable Mayor and Council Members

FROM: Vicki McCallister, Library Director

CC: Julie M. Robinson, City Administrator

DATE: April 2, 2016

SUBJECT: Dickinson Public Library (DPL) Staff Report – March 2016 ______

NEW PROJECTS

Summer Feeding Site for DISD- At the first of March, the Dickinson Public Library was invited by the Dickinson Independent School District (DISD) to become a Summer Feeding Site in June and July of 2016 (at the same time as the Library Summer Reading Program). This is a program funded by the Federal Government to supplement the school year free lunch program. This will be the first year that DISD Food and Nutrition Services offers this program at arranged drop off sites other than just schools in an effort to reach more children who are going without food in more diverse areas of Dickinson so that they can walk to the sites. Library Director Vicki McCallister and Asst. Director/Children’s Librarian Kathy Soehl attended an orientation about the program and later attended a Webinar, sponsored by the Texas State Library and Archives, outlining how other libraries in the state are participating in their school district’s programs. Library staff and the City Administrator are currently evaluating the Library’s participation in the program this year.

ONGOING/COMPLETED PROJECTS

New Adult Program – In March, Adult Coloring Book Club’s second meeting had mainly returning members from the first meeting in February. The results of the first two meetings are on display in the lobby of the library. All are welcome to drop in after 5:00 pm on the third Thursday of every month (See Library Calendar) to relax and create.

Texas State Library Grants – FY 2017 - The Grants described below were submitted in a timely manner. Director Vicki McCallister and Youth/IT Librarian Sam Torrez completed a final draft for the Impact Grant which would advance some of the adult computer classes now being offered up to an Intermediate Level. The classes will be

______DICKINSON PUBLIC LIBRARY STAFF REPORT – MARCH 2016 Page 1 held twice a month and take place of two of the Basic Internet classes now being offered every Tuesday at 9:00 A.M.

Processing Librarian Caitlin Campbell worked with Dickinson Historical Society (“DHS”) President Charlotte Khors on a final draft of a TexTreasures grant to index DHS’s holdings currently being housed at the Library. After receiving City Council approval to apply for these grants during the March 22, 2016 meeting, they will now be finalized and submitted to the Texas State Library and Archives to compete for the FY2017 Grant funding.

Books for Babies Program – Catalog Librarian Caitlin Campbell continued the Books for Babies program in March. This class will continue throughout the summer to complete the terms of the grant. Mid-year reports have been submitted to the Texas State Library.

Staff Training- Asst. Director Kathy Soehl and Catalog Librarian Caitlin Campbell both attended a “Reader’s Advisory” webinar to hone their skills in collection development for books. Library Director Vicki McCallister and Librarian Caitlin Campbell attended a webinar on “Social Media Marketing for Libraries” for new ideas. Youth /IT Librarian Sam Torrez attended a webinar on “Youth Graphic Novels” for the coming summer influx of those reading for fun.

Community Outreach - Kathy Soehl continued providing assistance to the local Head Start Program. In addition, she attended the Open House for the new Dickinson Chamber of Commerce.

Computers for Beginners - Catalog/Process Librarian Caitlin Campbell continued classes at 9:00 am every Tuesday. The five March classes included both new and repeating topics.

Crochet Classes- These classes continued in March and included knitting.

Social Media- Catalog and Processing Librarian has been updating the Library’s Flickr account to reflect pictures of all the events on the Library’s calendar. Scroll to the bottom of the Home Page to see these ever changing depictions of life at the library.

Display in Foyer - Library Director Vicki McCallister received many beautiful and interesting items from the Bay Area NAACP for their 10th year of collaboration in celebrating February as Black History Month. This and past displays and programs are posted on the Library’s Flickr page which can be linked to from the Library website.

______DICKINSON PUBLIC LIBRARY STAFF REPORT – MARCH 2016 Page 2

______DICKINSON PUBLIC LIBRARY STAFF REPORT – MARCH 2016 Page 3

______DICKINSON PUBLIC LIBRARY STAFF REPORT – MARCH 2016 Page 4 GALVESTON CO. LIBRARY MONTHLY STATISTICS REPORT

Library _Dickinson Public Library Month ___March Year _2016

SERVICES Books Loaned 2485

Audio Books Loaned 107

Music CDs/Cassettes Loaned 12

Videos/DVDs Loaned 1455

Other Materials Loaned 0

Total Circulation Transactions 4059

Juvenile Transactions (a part of total circulation transactions) 2030

Materials Used in House 433

New Patrons Registered 83

Reference Transactions/Information Questions 301 322 Adult Programs offered by the Library - # Programs & # Attendees 9 39 Young Adult Programs offered by the Library - # Programs & # Attendees 0 0 Children's Programs offered by the Library - # Programs & # Attendees 8 85 Number of Visits (Door Count) 4876

Volunteer Hours 21

INTERNET AND ELECTRONIC SERVICES Internet Users 1363

Internet Hours 1318

Number of Wi-Fi Sessions 17

Number of Web Page Hits 1008

RESOURCE SHARING ILL borrowed from other libraries outside of Galveston Co. 10

ISL borrowed from other public libraries in Galveston Co. 7

Total ILL & ISL borrowed from other libraries 17 Total ILL & ISL requests loaned to libraries for our users 21

FYI

FUTURE CITY COUNCIL AGENDA ITEMS

April 2016

4/26/2016

Special Council Meeting o Continued Review and Revision of Draft of Community Services and Facilities Chapter of New Comprehensive Plan (Joint Workshop with Planning & Zoning Commission)

Regular Council Meeting o Proclamation – Motorcycle Awareness - confirmed o Presentation and Acceptance of Fiscal Year 2014-2015 Audited Comprehensive Annual Financial Report and Federal Single Audit Report Prepared By Belt, Harris Pechacek, LLLP, Certified Public Accountants. o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on the Activities of the Galveston County Transit District Board o Widget Briefing – Economic Development/Tourism o Update on Activities of the Dickinson Bayou Watershed Partnership o Approval of Resolution for Bulletproof Vest Partnership Grant for the Police Department o Approval of Interlocal Agreement for Emergency Medical Response Services in Unincorporated Portions of Galveston County Adjacent to the City of Dickinson

May 2016

5/10/2016

Special Council Meeting o Review and Revision of Draft of Land Use Chapter of New Comprehensive Plan (Joint Workshop with Planning & Zoning Commission)

Regular Council Meeting

o Update on the April 27, 2016 Galveston County Transit District Board Meeting o Public Hearing and First Reading of Ordinance Adopting Community Services and Facilities Chapter of New Comprehensive Plan

5/24/2016

Special Council Meeting

Future City Council Agenda Items Page 1 of 7 o Continued Review and Revision of Draft of Land Use Chapter of New Comprehensive Plan (Joint Workshop with Planning & Zoning Commission)

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o First Reading of Juvenile Curfew Ordinance o Public Hearing and First Reading of Ordinance Adopting Land Use Chapter of New Comprehensive Plan o Appointments/Reappointments to Boards and Commissions o 2nd Quarter Financial & Investment Report o Second Reading of Ordinance Adopting Community Services and Facilities Chapter of New Comprehensive Plan o Update on Activities of the Dickinson Bayou Watershed Partnership o

June 2016

6/14/2016

Special Council Meeting o Revised Needs Assessment for Police Building

Regular Council Meeting

o Update on Public Works Projects o Second Reading of Ordinance Adopting Land Use Chapter of New Comprehensive Plan o United Board of Health Re-Appointment and Appointments o Widget Briefing – Public Works – Tree Removal

6/28/2016

Special Council Meeting

July 2016

07/13/2016

Future City Council Agenda Items Page 2 of 7 Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Second Reading of Ordinance Adopting Comprehensive Plan In Its Entirety

07/27/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of Dickinson Bayou Watershed Steering Committee

August 2016

08/09/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects

08/23/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership o 3rd Quarter Financial & Investment Report o Recessing the Regularly Scheduled Meeting of the City Council in Order to Conduct Business as the City of Dickinson Employee Benefits Trust. o Reconvene o Accepting the Action of the City of Dickinson Employee Benefits Trust to Accept the Offer for Employee Medical and Pharmacy Insurance from ______, the Renewal Offer for Employee Dental Insurance from Guardian, the Renewal Offer for Life Insurance from Guardian, the Renewal Offer for Vision Insurance from Humana Comp Benefits, and the Renewal Offer for Long-Term Disability Insurance from Standard Insurance.

Future City Council Agenda Items Page 3 of 7 September 2016

09/13/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects

09/27/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership o GCAD nomination o Agreement with Employer Solutions Employee Support PLLC FY 2016- 2017 o Award of Competitive Sealed Bid for Official Newspaper o Update on Activities of Dickinson Bayou Watershed Steering Committee o

October 2016

10/13/2016

Special Council Meeting

Regular Council Meeting o Breast Cancer Awareness o Update on Public Works Projects o Galveston County Appraisal District Nominations o Appointments to HGAC

10/27/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership

Future City Council Agenda Items Page 4 of 7 November 2016

11/08/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Re-approve FHAST form o Appointments/Reappointments to Boards and Commissions o 4th Quarter Financial & Investment Report o Cancellation of November 22, 2016 and December 27, 2016 Regular City Council Meetings Due to Holidays

December 2016

12/13/2016

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Appointments to Galveston Central Appraisal District Board of Directors

January 2017

01/10/2017

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council

01/24/2017

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of the Dickinson Bayou Watershed Partnership

February 2017

Future City Council Agenda Items Page 5 of 7

01/14/2017

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council

01/28/2017

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of the Dickinson Bayou Watershed Partnership

March 2017

03/14/2017

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Resolution Aerial Spraying o Racial Profiling Reports from Police Department and Fire Marshal’s Office

03/28/2017

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Update on Activities of the Dickinson Bayou Watershed Partnership o Proclamation – Child Abuse Prevention Awareness Month

April 2017

4/11/2017

Special Council Meeting

Future City Council Agenda Items Page 6 of 7 Regular Council Meeting o Update on Public Works Projects o Proclamation – Parkinson’s o Proclamation - Holy Trinity Episcopal Church Strawberry Festival o Proclamation - Fair Housing

Future City Council Agenda Items Page 7 of 7